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S-1414 - 01/27/2015 - ZONING - Ordinances Supporting Documents ITEM 6.F.5) y 0 V v �F 0'0 U NSI,�� ACE DA ITEM Board of Trustees Meeting January 27, 2015 SUBJECT: Oakbrook Shopping Center, LLC— 100 Oakbrook Center—Planned Development — 12 screen luxury movie theater, structured parking for at least 475 cars and additional space for new restaurants. FROM: Robert L. I';allien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Ordinance S-1414, which approves a Planned Development for the Oakbrook Center Theater Building and Redevelopment of the Upper Level of Building G B•ackgroundlHistoKy: At the January 13, 2015 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of a planned development that will allow the construction of the proposed improvements for the construction of a new building that includes a 12 screen movie theater and a parking structure for at least 475 vehicles and redevelopment and configuration of a portion of the upper level of Building G of the Oakbrook Center. Recommendation: Approve Ordinance S-1414. i i Last saved by gpolamk JAI-FROM BOMBot-PC-ZBANBOT-FINAL Aerion-OAbrook Center-YUD S-lA A.doc ORDINANCE 2015-ZO-PUD-EX-S-1414 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (THEATER BUILDING AND REDEVELOPMENT OF THE UPPER LEVEL OF BUILDING G) WHEREAS, Oakbrook Shopping Center, LLC ("Applicant's is the current Owner (as defined in Section 5.E of this Ordinance) of the real property located in the Oakbrook Center in Oak Brook, Illinois, within the Village's B2 Regional Shopping Center Zoning District and the Village's Planned Development Overlay District, and legally described in Exhibit A ("Property'); and WHEREAS, pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois of 1966," as amended ("Zoning Regulations'), the Applicant has filed an application with the Village seeking approval for a Planned Development (collectively the "Planned Development's to include, without limitation: (i) the construction of a new building that includes a 12-screen movie theater and a parking structure for at least 475 vehicles ("Theater Building'j; and (ii) the redevelopment and configuration of a portion of the upper level of Building G (as identified in the Location Plan 1, Location Plan 2, and Section Diagram in Group Exhibit C to this Ordinance) to create a restaurant and casual dining zone and an open-air corridor connecting the upper level of Building G to the Theater Building ("Upper Level Redevelopment'j, all as more fully described in the application attached to, and hereby made a part of, this Ordinance as Exhibit B ("Application'); and WHEREAS, the President and Board of Trustees conducted a preliminary review of the proposed Planned Development at their October 14, 2014 meeting, at which time the President and Board of Trustees directed the Village's Community Development Director to prepare a report on the Application for the Village's Planned Development Commission ("PDC' , and referred the Application to the PDC for the purpose of conducting a public hearing; and WHEREAS, pursuant to notice duly published in accordance with state law and Section 13-15-5C.2 of the Zoning Regulations, the PDC commenced and concluded a public hearing on December 11, 2014, for the purposes of hearing and considering testimony on the Applicant's request for approval of the Planned Development; and WHEREAS, during the public hearing before the PDC, representatives of the Applicant presented oral and written testimony, including without limitation the following exhibits: 1. Location Plan 1 and Location Plan 2 prepared by Omniplan Architects, consisting of 2 sheets and dated November 12, 2014; i 2. Level P1 Diagram prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 3. Level P2A Diagram prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 4. Level P3 & M1 Diagram prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 2 of 17 5. Level M2 Diagram prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 6. Representative Imagery of Theater Interior Build-out consisting of 1 sheet and dated November 12, 2014 ("Theater Photos"); 7. Perspective depicting the south entrance to the Theater Building and north end of the Corridor (as defined below) within the Upper Level Redevelopment prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014 (the "South Perspective"); 8. Section Diagram prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 9. Schematic Elevation-1 prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 10. Schematic Elevation-2 prepared by Omniplan Architects, consisting of 1 sheets and dated November 12, 2014; 11. Perspective depicting the north fagade of the Theater, consisting of 1 sheet and dated November 12, 2014 (the "North Perspective"); 12. Parking Deck Site Plan prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 13. Parking Deck Planting Details prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 14. Exterior Facades/Surfaces/Lighting Details prepared by Omniplan Architects, consisting of 6 sheets and dated November 12, 2014 (together with items 9, 10 and 11 listed above, the "Initial Signage Plans"); 15. Parking Ratio Exhibit prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014 (the "Parking Ratio Exhibit"); 16. Floor Plans - P1A & P2A prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 17. Floor Plans - P3 & M2 prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; i 18. Drainage Exhibit prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 19. Pervious Area Exhibit prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 20. Utility Exhibit prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014 (the "Utility Exhibit"); I Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 3 of 17 21. Photometric Exhibit prepared by Omniplan Architects, consisting of 1 sheet and dated November 12, 2014; 22. The AMC Oakbrook 12 Exterior Signage prepared by AMC Domestic Development, consisting of 8 sheets and dated November 26, 2014 ("Supplementary Signage Plans'); copies of which are attached to, and by this reference made a part of, this Ordinance as Group Exhibit C (collectively, the "Plans'); and WHEREAS, following the conclusion of the public hearing, the PDC adopted findings of fact and recommended that the Village Board approve the Planned Development to permit the development and operation of the Planned Development the Property pursuant to the resolution and recommendation letter attached hereto as Exhibit D; and WHEREAS, the President and Board of Trustees, having considered the recommendations of the PDC and being fully advised in the premises, have determined that the Application satisfies the design standards set forth in Sections 13-15-313 and 13-15-3C of the Zoning Regulations; and WHEREAS, the President and Board of Trustees have further determined that it is in the best interests of the Village and its residents to approve the Planned Development to permit the development and operation of the Planned Development on the Property pursuant to Section 13-15-5D of the Zoning Regulations, subject to the terms and conditions of this Ordinance; and NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as if fully set forth in this Section. Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the Village's Zoning Regulations, and subject to the conditions set forth in Section 5 of this Ordinance, the Planned Development shall be, and is hereby, approved to permit the development and operation of the Planned Development on the Property. Section 3: Zoning Map Notation. Pursuant to Section 13-15-713 of the Village's Zoning Regulations, the Village Manager or his designee is hereby authorized and directed to j administratively note on the Village's official zoning map the existence and boundaries of the Planned Development for the Planned Development approved pursuant to this Ordinance. Notwithstanding provisions in the Zoning Regulations to the contrary, including but not limited to Subsection 13-15-2(D), buildings and uses on the Property shall not be limited solely to those approved as part of this Ordinance, in that the Property may continue to be used and improved in accordance with the Zoning Regulations applicable to the underlying B2 Zoning District. Section 4: Site Development and Use Departures. Pursuant to Section 13-15-4 of the Zoning Regulations, and subject to the conditions and restrictions set forth in this Ordinance, the President and Board of Trustees hereby approve the following site development and use Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 4 of 17 departures for the Planned Development and the Property: A. The provisions of Section 13-7-3-B of the Zoning Regulations are hereby waived to the extent necessary to allow the area identified as the "Corridor' on the Level M2 Diagram in the Plans attached hereto as Group Exhibit C (the "Corridor', which is part of the Upper Level Redevelopment, to have the following uses occur outside completely-enclosed buildings: outdoor dining for restaurants, outdoor ticket kiosks, and a Specialty Retail Program. For purposes of this Ordinance and the Property, "Specialty Retail Program"shall mean: (a) kiosks and portable carts for preparation, sale and consumption of food and beverages, outdoor seating for adjacent restaurants, sale of prepackaged food and beverages, packaged food gift items not intended for immediate consumption and nonfood merchandise, (b) product introduction or promotional activities, and (c) entertainment, such as live and recorded music. Without limiting the foregoing, building areas adjacent to the Corridor also may have retractable walls. B. The provisions of Section 13-713-1 and Section 13-713-2 of the Zoning Regulations are hereby waived to the extent necessary to permit the following as permitted uses within the Corridor: (1) outdoor dining for restaurants, (2) outdoor ticket kiosks, and (3) the Specialty Retail Program satisfying the applicable criteria set forth in Section 13-713-2 of the Zoning Regulations and attached hereto as Exhibit E, including entertainment, recreational and private events. C. The provisions of Sections 13-11-4, 13-11-7, and 13-11-9-B are hereby waived to the extent necessary to permit the installation of signage on the Theater Building's north, east, and west facades substantially consistent with the Initial Signage Plans as supplemented by the Supplementary Signage Plans attached hereto as Group Exhibit C. D. The provisions of Sections 13-15-7-C, 13-15-7-D and 13-15-7-H are hereby waived to the extent necessary to permit the Planned Development to be constructed in accordance with the "Oakbrook Center Theater Planned Development Project Schedule Statement," a copy of which is attached to, and by this reference made a part of, this Ordinance as Exhibit F. Section 5: Conditions of Approval. The approvals granted in Sections 2, 3, and 4 of this Ordinance shall be, and they are each hereby, subject to, conditioned upon, and limited by the following conditions, the violation of any of which shall, in the reasonable discretion of the President and Board of Trustees, be grounds for the repeal and revocation of the approvals granted herein: i A. No Authorization of Work. No development, improvement, or use to be undertaken on the Property pursuant to this Ordinance shall be commenced until all of the following conditions have been satisfied: (i) passage, approval, and publication of this Ordinance in pamphlet form in the manner provided by law; (ii) the Applicant has caused a duly authorized person to execute and file with the Village the Applicant's unconditional agreement and consent, in the form attached hereto as Exhibit G and in the time frame required by Section 8 of this Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 5 of 17 Ordinance (as executed and filed, the Unconditional Agreement and Consent'; and (iii) all other permits, approvals, and other authorizations applicable to such development, improvement, or use have been properly applied for, paid for, and granted in accordance with applicable law. B. Compliance with Laws / Outdoor Dining. Except as specifically provided in Section 4 of this Ordinance, all applicable ordinances and regulations of the Village shall apply to the Planned Development and the Property. Further, the development and use of the Planned Development and the Property shall be in compliance with all laws and regulations of all other federal, state, and local governments and agencies having jurisdiction over the Planned Development or the Property. Without limiting the generality of the foregoing, serving of alcohol within the outdoor dining and seating areas of the Property shall not be permitted as of right. Service of alcohol within any portion of the Property shall require issuance of a specific liquor license from the Village for the subject premises in accordance with Chapter 1, Title 4 of the "Village Code of the Village of Oak Brook, Illinois" as amended (the "Village Code"). Any such license approval may impose such conditions as the Village Liquor Control Commissioner deems necessary to ensure that the subject portion of the Property where liquor is to be served will be sufficiently fenced, monitored, and otherwise controlled to: (i) prevent customers from removing liquor from the licensed premises; (ii) prevent anyone other than customers or employees of the licensed premises from accessing liquor within the licensed premises; and (iii) protect the health, safety, and general welfare of the Village. C. Compliance With Plans. The Planned Development, including without limitation the Theater Building, the Upper Level Redevelopment, and Specialty Retail Program shall be used, developed, and operated in substantial conformance with the Plans and provisions of this Ordinance, including but not limited to the Site Development and Use Departures approved in Section 4. Without limiting the foregoing: 1. The Theater Photos, South Perspective and North Perspective are illustrative rather than technical Plans; provided, however, that this Section 5.C.1 shall not be construed to relieve the Applicant of its obligation to use, develop, and operate the Planned Development in substantial conformance with the Plans. 2. As noted in Section 4 of this Ordinance, the Supplementary Signage Plans supplement the Initial Signage Plans, and both of the foregoing are illustrations of the controlling signage parameters, which signage parameters are as follows. The north facade of the Theater Building will have no more than 6 signs (one for the cinema tenant, no more than four other tenant signs, and a sixth sign, denoting [MAX, but only if the theater has IMAX capabilities). The anchor (cinema) tenant will be identified i towards the top of the left section, with an individual letter sign that is colored (not white) and both internally and externally illuminated. If the Theater Building has IMAX capability, IMAX may be denoted in a sign to the right of the cinema sign. The cinema signs (excluding IMAX Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 6 of 17 references) will not exceed 280 square feet in area, 8' in height or 33' in width. The IMAX signs (if any) will not exceed 50 square feet in area, 3' in height or 16' in width. Up to four other tenant signs may be located within the bottom left quarter of this north facade (with exact locations to be identified at point of permitting). None of these other tenant signs will exceed 8' in height or 280 square feet in area. Like the anchor tenant signs, these lower tenant signs may be both internally and externally illuminated. None of the foregoing will box signs, which are expressly prohibited. This Section 5.C.2 shall not be construed to relieve the Applicant of its obligation to use, develop, and operate the signage within the Planned Development in substantial conformance with the Plans. 3. The Parking Ratio Exhibit shows one potential layout for the parking areas to be constructed within the Theater Building, but the final layout may differ in terms of aisle and parking stall locations so long as no fewer than 475 parking spaces are provided. The Parking Ratio Exhibit also contained certain preliminary floor area calculations that do not yet reflect final engineering or as-built conditions. This Section 5.C.3 shall not be construed to relieve the Applicant of its obligation to use, develop, and operate the Planned Development in substantial conformance with the Plans and meet the technical design requirements for parking lots and spaces as set forth in the Village Code. 4. The Utility Exhibit was prepared prior to the development of final engineering plans and related Village reviews. The final utility plan for the Planned Development will be developed by Applicant and subject to review and approval by the Village Engineer. D. Fees and Costs. 1. Applicant shall be responsible for paying all applicable fees relating to the approval of this Ordinance. 2. Applicant shall pay all fees applicable to Applicant's development and use of the Planned Development after the Approval of this Ordinance. 3. Applicant shall reimburse the Village for all of the Village's reasonable costs (including without limitation engineering, planning, and legal expenses) incurred in connection with the preparation, review, consideration and, approval of the Planned Development and this Ordinance in accordance with the Village Code. 4. Applicant, or any future Owner (as defined in Section 5.E of this Ordinance), as applicable, shall reimburse the Village for all of the Village's reasonable costs (including without limitation engineering, planning, and legal expenses) incurred in connection with the implementation or enforcement of this Ordinance by the Village following the approval hereof. Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 7 of 17 5. In addition to any other remedies and rights available to the Village, any amount owed by Applicant, or by any future Owner, under this Section 5.D that is not paid within sixty (60) days after delivery of a demand in writing for such payment shall, along with interest and the costs of collection, become a lien upon the Property (or that portion of the Property to which the unpaid amount relates), and the Village shall have the right to foreclose such lien in the name of the Village as in the case of foreclosure of liens against real estate. E. Definition of Owner, Transferees, Consents. 1. The rights and obligations set forth in this Ordinance and in the Unconditional Agreement and Consent shall be binding on the Applicant, any and all of the Applicant's heirs, successors, and assigns, and any and all successor legal or beneficial owners of all or any portion of the Property in accordance with the provisions of this Section 5.E. 2. Prior to or contemporaneously with transferring any portion of the Property, each transferring Owner (as defined herein), including Applicant, shall make a commercially reasonable attempt to cause the transferee-Owner to execute an unconditional agreement and consent in the form attached hereto as Exhibit G and to deliver an original of that Agreement to the Village. Applicant and each Owner shall be released from its obligations under this Ordinance only in the event that a successor Owner does, in fact, execute and provide to the Village an unconditional agreement and consent in the form attached hereto as Exhibit G, and only to the extent and with respect to the portion of the Property acquired by the successor Owner. The failure of the Applicant or an Owner to provide the Village with an unconditional agreement and consent in the form attached hereto as Exhibit G for its successor Owner as herein provided shall result in the Applicant or such Owner remaining fully liable for all of its obligations under this Ordinance but shall not relieve the successor Owner of its liability for all such obligations as a successor to the Applicant or transferring Owner. Each successor Owner shall become bound to the obligations created by this Ordinance by virtue of acquiring the Property or any portion thereof, regardless of whether such successor Owner executes and delivers an unconditional agreement and consent in the form attached hereto as Exhibit G. 3. To the extent consistent with, and without affecting the validity of, Section 5.E.2 of this Ordinance, the rights and obligations created by this Ordinance and the Unconditional Agreement and Consent shall bind and run with the land comprising the Property. "Owner" of the Property shall mean the person holding fee title to the Property, or any portion thereof, regardless of whether or to what extent such person has executed the Unconditional Agreement and Consent or another unconditional agreement and consent in the form attached hereto as Exhibit G.. The rights and obligations set forth in this Ordinance, including but not limited to rights and obligations arising from the Unconditional Agreement and Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 8 of 17 Consent or another unconditional agreement and consent in the form attached hereto as Exhibit G, shall be binding on each Owner only with respect to that portion of the Property in which such Owner holds fee title (or holds the beneficial rights of a land trust holding fee title) and, subject to Section 5.E.2 of this Ordinance, only during the time when such Owner holds fee title (or holds the beneficial rights of a land trust holding fee title). 4. "Owner" shall not include any ground lessee unless: (i) the terms of such ground lease expressly provide that the ground lessee is to serve as Owner for purposes of this Ordinance and applicable unconditional agreement and consent; (ii) the ground lessee executes and delivers to the Village an unconditional agreement and consent in the form attached hereto as Exhibit G; and (iii) the Village is provided with a written notice indicating the term of such ground lease and the ground lessee's contact information for purposes of delivering notices hereunder. "Owner" shall in no event include a person whose only interest in the Property or applicable portion thereof is a mortgage or other security interest. In the event that fee title to the Property or portion thereof is held in a land trust, the "Owner" shall be the beneficiary of such land trust. 5. For purposes of delivering written notices to the Owner under this Ordinance, the Village shall be entitled to utilize the taxpayer addresses maintained by the township assessor for the Property or applicable portion thereof, regardless of whether or to what extent the Village has received notice from a transferee of an interest in the Property indicating that such transferee is an Owner under this Ordinance. 6. In the event that the Property has multiple Owners: (a) An individual Owner may apply for building permits or licenses without the consent of any other Owners; (b) Applications for amendments to this Ordinance that would modify the boundaries of the Property shall require the consent of all Owners; and (c) Applications for any other type of amendment to this Ordinance shall require the consent of every Owner whose portion of the Property would be bound by such amendment. F. Violations. Any violation of this Ordinance shall be deemed a violation of the Zoning Regulations and shall be subject to enforcement proceedings under the Zoning Regulations. Except as provided in Section 5.E.1 of this Ordinance, no Owner shall be held liable, however, for violations of this Ordinance by another Owner. G. Phasing. In accordance with the Section 4.D and Exhibit F of this Ordinance, notwithstanding provisions in the Zoning Regulations to the contrary, including Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 9 of 17 but not limited to Section 13-15-7, Subsections (C) and (D) and (H), neither this Ordinance nor the Planned Development approved hereby are or shall be terminated or terminable, in whole or part, if one or more Specialty Retail elements is dormant from time to time or at any time, it being expressly acknowledged that all or some of the uses permitted by this Ordinance may be periodically introduced, suspended, discontinued, and then reintroduced on a regular or irregular basis, depending on weather, holidays, contractual arrangements, market conditions, and other factors relevant to their operations. Section 6: Amendments. Any major or minor amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Regulations for the granting of such Planned Development amendments. Further, application for any such amendments shall be subject to Section 5.E.6 of this Ordinance. Section 7: Failure to Comply With Conditions. Upon the failure or refusal of the Applicant or any other Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted pursuant to this Ordinance shall, at the discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void with respect to the portion of the Property owned by the Applicant or any such other Owner. Section 8: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law; provided, however, that this Ordinance shall be of no force or effect unless and until Applicant, as the sole current Owner, has caused a duly authorized person to execute and file with the Village the Applicant's Unconditional Agreement and Consent, in the form attached hereto as Exhibit G. If the Applicant does not file its Unconditional Agreement and Consent with the Village within 30 days following the passage of this Ordinance, or within such greater time as the Village Board may approve by motion, the Village Board may, in its discretion and without public notice or hearing, repeal this Ordinance and thereby revoke the approvals granted in this Ordinance. Upon this Ordinance having full force and effect, the Village Clerk shall cause this Ordinance and the Unconditional Agreement and Consent to be recorded against the Property in the Office of the Du Page County, Illinois Recorder of Deeds. [SIGNATURE PAGE FOLLOWS] I i Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 10 of 17 APPROVED THIS 27th day of January, 2015. Gopal G. Lalmalani Village President PASSED THIS 27th day of January, 2015. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk { i I An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 11 of 17 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Situated on Illinois State Route "83", in the Village of Oakbrook, DuPage County, Illinois Lands being a part of Lot 5 of Oakbrook Terrace, being a subdivision of part of Section 23, Township 39 North, Range 11 East of the 3rd Principal Meridian, DuPage County, Illinois, bounded and described as follows: Commencing at the Northeast corner of Lot 5 of Oakbrook Terrace; thence South 01005,38" West along the East line of said Lot 5 a distance of 674.01 feet to a point; thence North 88 054'22" West 66.42 feet to a point; thence South 51034'24" West along the Southeasterly line of Lot 1 in Nordstrom Assessment Plat and its extension 264.08 feet to the Southerly most Corner of said Lot 1; thence North 38 025'36" West along the Southwesterly Line of said Lot 217.60 feet to the point of beginning of lands to be described; thence South 51034,56" West 56.93 feet to a point; thence South 15 055'04" East 32.13 feet to a point; thence South 51034,56" West 301.98 feet to a point; thence South 68 020'31" West 50.65 feet to a point; thence South 55 044'21" West 33.02 feet to a point; thence South 44 030'05" West 38.66 feet to a point in Easterly line of Lot 6 of Oakbrook Terrace; thence North 38 025'04"West along said Easterly line 343.21 feet to A Southerly corner of Lot 7 of Oakbrook Terrace; thence North 51034'56" East along the Easterly line of said Lot 350.03 feet to the Easterly corner of said Lot; thence North 01005'31" East along said easterly line 221.45 feet to a point in the extension of the Southwesterly line of Lot 1 of Nordstrom Assessment Plat; thence South 38°25'36" East along said Southwesterly line and its extension 496.61 feet to the point of beginning, Containing 183,245 square feet or 4.2067 Acres i r i An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 12 of 17 EXHIBIT B APPLICATION I An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 13 of 17 EXHIBIT C PLANS An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 14 of 1717 EXHIBIT D PDC RECOMMENDATION i An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 15 of 17 EXHIBIT E 13-713-2 Conditions for Farmers Markets and 13-7B-2 Conditions for Specialty Retail Program 1. Conditions for Farmers Markets (meaning Farmers' markets and/or French markets involving the sale of flowers, culinary accessories and edible items for consumption off the premises) within the Planned Development: A. Sale of used or preowned items is not permitted. B. Farmers' market and/or French market may be conducted no more than one day per week. C. All signage and setback requirements of the B2 zoning district must be met. D. The event will not impose any undue traffic or parking burden on surrounding properties and streets. 2. Conditions for Specialty Retail: A. All aspects of the operation and sales meet the applicable requirements of the DuPage County health department. B. Specialty retail program facilities have appropriate utilities. C. Specialty retail program facilities are not convenient to drive-up businesses D. Specialty retail program facilities do not materially interfere with access to or visibility of other establishments within the shopping center. I f An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 16 of 17 EXHIBIT F OAKBROOK CENTER THEATER PLANNED DEVELOPMENT PROJECT SCHEDULE STATEMENT Project Schedule for Building G Reconfiguration and for Theater and Parking Structure The corporate authorities may declare the approval of the Planned Development null and void if Owner does not file a complete application for a building permit relative to the proposed Planned Development within eighteen (18) months after the date of adoption of the attached ordinance. The corporate authorities may declare the approval of the Planned Development null and void if construction has not commenced within twenty four (24) months of permit issuance or is not completed within twenty four(24) months of commencement. The foregoing is the approved Phasing Plan for the Planned Development pursuant to Section 13-15-7-E of the Zoning Ordinance and supersedes contradictory deadlines in Section 13-15-7-C and 13-15-7—D of the Zoning Ordinance. Project Schedule for Corridor Uses The outdoor uses within the Corridor area, including Specialty Retail activities, entertainment and mobile retail elements may be introduced, suspended, discontinued, and re-introduced on an irregular basis, depending on weather, holidays, contractual arrangements, market conditions, and other factors. Accordingly, the attached Ordinance shall not be terminable, in whole or part, if one or more of these elements is postponed or dormant from time to time, notwithstanding 13-15-17-H of the Zoning Ordinance. i I An Ordinance Approving A Planned Development (GGP Interior Common Area Oakbrook Center) Page 17 of 17 EXHIBIT G UNCONDITIONAL AGREEMENT AND CONSENT Pursuant to Section 8 of Village of Oak Brook Ordinance No. 2015-ZO-PUD-EX-S- 1414 (the "Ordinance'), and to induce the Village of Oak Brook to grant the approvals provided for in such Ordinance, the undersigned acknowledges for itself, and for its corporate successors and assigns in title to the Property, that it: 1. has read and understands all of the terms and provisions of the Ordinance; 2. hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance, and to all other provisions of the "Zoning Ordinance of the Village of Oak Brook, Illinois of 1966," as amended, and all other codes, ordinances, rules, and regulations that are applicable to the use, development, improvement, and operation of the property subject to the Ordinance; 3. acknowledges and agrees that the Village is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the use of the Property, and that the Village's issuance of any permit does not, and shall not, in any way, be deemed to insure the undersigned against damage or injury of any kind and at any time; 4. acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; 5. agrees to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties with respect to the Property and the Village's adoption of the Ordinance or granting the approvals set forth in the Ordinance, except as may arise as a result of the Village's gross negligence or willful misconduct; 6. represents and acknowledges that the person signing this Unconditional Agreement and Consent is duly authorized to do so on behalf of the undersigned; and 7. consents to the recordation of the Ordinance and this Unconditional Agreement and Consent by the Village Clerk with the Office of the Du Page County, Illinois Recorder of Deeds against the property subject to the Ordinance. OAKBROOK SHOPPING CENTER, LLC By: Its: Effective Date of Unconditional Agreement and Consent: , 2015 r - I r i rte'• �S» ` _ - ' - ww".lot, 1w z i - - - a} , ,. tea•, . .. _ <: + ' r i r y$ I lk i ( - _-+ i r I -1 NOVEMBER 12,2014 OMNIPLAN OAKBROOK GG-P PERSPECTIVE C E N T E R r 1 EXISTING NEW DINING EXISTING NEW CINEMA RETAIL BEYOND SEARS BEYOND I I FEATURE WALL PARAPET 84'-314" ' THEATER PARAPET NEW DIN-ROOF 6T-d' --�- -- -- THEATERROOF EX MALL PARAPET WALROOF_ .._- __--..__-.- -.- ---... EX MALL LEVEL ■ ... ... M2 EX MALL LEVEL - 03r=o 2) —' 1 _PODIUM LEVEL �EX MALL LEVEL I• LDEL �1Tr-P' � i :» �* '.. ;:� ..__� �.I ' •II _ EVEL P-3 (Ml s 0. t------_- LEVELP2A /\E%LEVEL P2 ---.3. -- ��.-3"V r B 7 - (�EX LEVEL Pi 8 _ V EVELP' O-IT EXISTINGBUILDING'G' i NEW PARKING GARAGE CINEMA EXISTING RETAIL EXISTING CONCOURSE NEW PARKING GARAGE NEW ENTRY RAMP NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP SECTION DIAGRAM CENTER FEATURE WALL PARAPET B/•-314' THEATER PARAPET euerAww�u 7THEATER ROOF P '-412' — —— ers on iwuurorvewno ci ne ers ory nsu•�rnn aowry ..rvE.,,EE=ra . LLB r «s EX MALL LEVEL PD-SOUTH ELEVATION GAG KAro FEATURE WALL EW-1suwmnaoum 84'- PARAPET 314' THEATER —_ .. .. - PARAPET -314' TAT2 P i n e EXIMLLLEVEL -3 (TE/NNf1 1 TENAM I 1 T-- 1 ` TENANT IUM LEPoDVEL_ _— —_— --_—_— t L LEVEL Pi a-0' ere weu rws.corvcxere wM w.imc rc=XE rISFE Stlm ruRx� wuclsFESi rl co0.moca��rary �ru wweis w eFnrvcaaw NORTH ELEVATION NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP SCHEMATIC ELEVATION-1 1s C E N T E R FEATURE WALL �aeXru aaxsLS irE eus on insuuran speao sirs ox ixsuurwxsaao /� PARMET / X80'-3 We --_— / THEATER __ PARAPET 76-3314" —— THEATER ROOF I T4'EA . E' NEW DINING LU V ROOF_n cIne EX MALL PARAPET I _ E%MALL ROOF_n EX MALL LEVEL � M2 3T-0" I R y EX MALL LEVEL PODI'M LEVEL _ i _ _ ___ _.— —_—_ _ _ _ _ }- _ _ _31— LEVEL P3 6-_—— — - EX MALL LEVEL �EI b �- EX LEVEL P2 _ EX LEVEL P_.1 n LEVEL P7 cwau ro aEw.ry 1- 85B' covei ui la¢ rwnE ra�000rt afro paxE�tsEE SrAUCruu.) �rx rw.wL UM w >ax�We s�ruanu WEST ELEVATION c,anxc nsoano -- �rxs o,ixsuurioxsav+o , ———— FEATURE WALL PARAPET 84'-3314" THEATER PARAPET NEW DINING ROOF ci n e i i THEA aN.O�F _6_ ____ — EX MALL PARAPET ". ;`- :. 56-6" EX MALL ROOF _ NEX — I^ _ _ EX MALL LEVEL 3T-6 EX MALL LEVEL to LEVEL P3 _ l�EX LEVEL P2 _ _ _ _... __ _ _ LEVEL_P2A� 6-612' Ian,II A LEVEL PI _ P v eL1sraAUCNx.WU ��LUrarlsFsmu�cNnw.) rwnrre rK J 41ssmucnAU1 vnnEi lsFFSmuci wl LEVEL Pi f EX LEVEL P1 O-� 0 0 SB' L EAST ELEVATION NOVEMBER 12,2014 OMNIPLAN OAKBROOK GCS SCHEMATIC ELEVATION-2 +p C E N T E R f s SAW I " � .. n LA _ a, ,to .' i `3'• A t,'�4A }' Al- -IMPROVEMENTS 5HOVAt WITHIN THE LIMIT OF WORK THAT - - - - - - - ARE OUTSIDE OF PLANNED DEVELOPMENT SO Y'WILL 5E GON5TRUOTED IN OON-IUNOTION WITH PD IMPROVEMENTS , I , I � I — — — — — — — _ — — — — I _- I I ® o a o o • & • ri1 � I I I l—1 ' - - - - - - - - - - - - - - - - - - - - - - - � ' ,I NOVEMBER 12,2014 OMNIPLAN studio0utstdc OAKBROOK C--CP PARKING DECK SITE PLAN 1" C E N T E R •_� ' PD PLAN REQUIREMENTS i PURPLE WINTERGREEPER a•. (SPRING/SUMMER) SCREENING ADJACENT USES:PARKING AND RETAIL ON ALL SIDES,NO PUBLIC STREETS,NO SCREENING REQUIRED NOTE:EVERGREEN FOUNDATION SHRUBS PLANTED ALONG GARAGE PERIMETER WHERE POSSIIBLE DEPTH OF LANDSCAPED AREAS ` REQUIRED SCREENINGAANDSCAPE AREI MIN.id DEPTH,AVG.15•DEPTH II SEE PARKING DECK SITE PLAN FOR DIMENSIONS OF PLANTING AREAS NOTE PLANT SPECIES INCLUDE EVERGREENS AND BE MAINTAINED ON A REGULAR BASIS. PURPLE WINTERGREEPER t WHITESPIRE BIRGH (AUTUMN/WINTER) �7+ PLANT LEGEND: - � .d •.. , ' 1 r �( ••ti,• -r_,7T+•� �cosww�w+x nlsla IMaa�'ir ar sPNOUwNw coeb,aLs MA4�0i G i I wo AlMO ISMA� ¢r .•t n r .i/ O Ain ^`� �+^°•�°"• a' Ia• la-u• _ rum,rd.neAr�a®.w.cuaPr.senoras cv�me�eAVaa t '.veXJ STATE STREET MAPLE CK KAN°VILLE NFSBeY.PNA 611T�iTA 6905513M0 -_i,�� `� � j >•9 h� (8 Bibb p,p„lu.s,»w.PV.• b• w.TCrm,rB.L BRAHCrm,naL cAHwr.sIRORS crmrx LBAPee • '1 Bn MHIT[B^RB?6'RAY BIRCH b' 10'-IY yC bro v i'� f i. O n.�.m.. Ir c , I , * I» a,d.,o�v.�.e• eo' . s•-.• so•oc. r'"zse�r srsorm r�re.L Room t 5TATE 5TREET MAPLE "' "' KapLK Eoo ® S B1O1y"R I°�' � a• 12• 12.OL. GONiAIrBt 6ROHL DAL.Y8L ROOT® BOXWOOD <ENTUGKY BLUE GRASS NOVEMBER12,2814 ONINIPLAN studio yx -. OAKBROOK GGP PARKING DECK PLANTING DETAILS C E N T E R Exterior Facades/Surfaces Theater Wall—North Elevation The exterior north facing surface of the building will be illuminated softly using linear LED grazing lights mounted near the base and/or top of the wall's structure.The LED sources will be of a very-narrow distribution,producing task-localized light along the height of the wall, fir revealing the metal surfaces,including the scrim-like texture of feature panel areas,all while maintaining good off-building concealment of the actual light fixtures—neutralizing un-wanted glare.The cool LED white tint will accentuate the metal materials. Garage Ramp—North Elevation — In order to reinforce the presence of the garage entry ramp,a channel concealed LED strip light will be installed near the top of the _ -- - ramp's outward facing crash wall surface to highlight wall itself, ` providing a soft white ribbon definition to the ramp diagonal.The interior surface of the same wall will incorporate a linear notch within its profile to accept a low brightness LED strip to illuminate the driving surface. Ground or low-wall grazing light Linear low wattage LED source at base of stair tower(3 sides). concealed within channel and Egress Stair Tower mounted to face of exterior ramp wall. The stair tower which visually anchors the east end of the garage will be dramatically uplighted from grade,providing reinforcement for Linear low wattage LED wall way finding and helping to connect the building to the ground at night. grazing light to illuminate metal surface materials. Garage Interiors The interior of the parking deck will be illuminated using low brightness,pendant mounted Light emitting Diode(LED)area lights capable of delivering needed functional safety and nighttime security light to the facility's publically accessible zones.A flat-lens optic used with the selected fixture will help control glare and light trespass. High efficiency LED chips minimize energy concerns and will provide an option for after-hours reduction in light levels. NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP C E N T E R Theater Wall—North Elevation MEE T, I� Linear low wattage LED wall grazing light at top and/or bottom to illuminate metal cladding material. NOVEMBER 12,2014 OMNIPLAN OAKBROOK OGP CENTER Garage Ramp—North Elevation ». CIS Via: s Linear low wattage LED source mounted within channel and installed to face of exterior ramp wall NOVEMBER 12,2014 OMNIPLAN - OAKBROOK C-GP C E N T E R Egress Stair Tower r - {r WN Y NNW--- 1 � maim. wrd� RUN ■�5�� Ground or low-wall grazing light at base of stair tower(3 sides). NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP - C E N T E R Garage Entry Ramp I Continuous run of concealed linear,luminous LED strip mounted within precast notch to x J illuminate ramp surface, �r NOTCH PpOVt W CONCRETE TO ACCEPT LIIEM LICHT LED FIXTURE TO WASH OUTWARD ONTO RAW. (l III • NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP C E N T E R Interior Garage Lighting a a 1 a a a a a o a a . • • a of • 1 a • 1 . J. a. Low brightness,pendant mounted Light X30' emitting Diode(LED)area lights for functional safety and nighttime security light. TRUNNION MOUNT 10, 9-114° 9. Ig 1236mm1 Adjustable to 14" 1356mm1 0„ (11 nml Elevation View L1&30 1466mrrd NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP 2" C E N T E R PARKINGAREAS y i 1 1 AREA TYPE AREA Lj EXISTING PARKING REMOVED -27,473 SF y _ ❑ ,{, 1. NEW PARKING ADDED 141,453 SF Ali 1 Grand total 113,981 SF °�����i I ' s GROSS BUILDING AREAS 6 4 GROSS REQUIRED BUILDING PARKING �. AREA TYPE AREA AREA INIIII111 a /� 1 ,I FOOD HALL(ADDED GBA) 7,170 SF 10,755 SF o- �+ •+ - s _ s ®FOOD HALL PLAZA(REMOVED GBA) -6,859 SF -10,289 SF 733 F � THEATER ADDED GBA 49,822 S F 17, S a f Gr and total 50,133 SF 75,199 SF PARKING AREA PROVIDED BEYOND REQUIRED 38,781 SF ' 1� \;'T�• PARKING SCHEDULE _ p 1• LL "� �� TYPE COUNT Existing Removed LEVEL P1 LEVEL P2A SURFACE -238 'G GARAGE -4 -242 New Construction LEVEL P1 128 LEVEL P2A 191 LEVEL P3 184 _ 501 Net Gain 259 r-1 0 . o LEVEL P3 MALL LEVEL(M2) NOVEMBER 12,2014 OMNIPLAN OAKBROOK GC-P PARKING RATIO EXHIBIT C E N T E R -_-_- LEVE P1 36 SP CES ,� i e I I ' LEVE P2A 191 S PACE1c i r ' fill III - III ll 1116 �-T_l P P i Aq - TT I I HIM - - 1I P1 FLOOR PLAN P2A FLOOR PLAN _F9. r� NOVEMBER 12,2014 O M N I P L A N OA K B R O O K GGP FLOOR PLANS-P1 &P2A C E N T E R I Tlt-R I I LEV L P3 184 S PACES ITM T LL ALL- DIN.1 DINWj 0 K K I t I I a I I a I 10 11 12 13 14 15 16 17 18 19 b7 �8 �9 10 11 12 13 14 15 16 17 18 19 P3 FLOOR PLAN M2 FLOOR PLAN NOVEMBER 12,2014 OMNIPLAN OAKBROOK GCS FLOOR PLANS-P3&M2 C E N T E R EXISTING --— I X. \ / I 1111111 llllllllll OMITS OF PO AREA x \\ \\ 1 a --• - -� RED PARKING i — STRUCTURE J . P 9 _ FTTFfTTffffT-W4 i 6 PROPOSED PARKING \ i DECK/THEATER I = 1111111 1 b f a e f. 4 SEARS / O t am K\ALUE — - . i PARKING _ STRUCTURE NORDSTROM p� � `I� b L 0 9 f i tk R°A 4 � C A7, a49d maw PO AREA 10.x245 SF.(421 AC) GRAPHIC SCALE Po AREA EXI C PERNWS AREA 19"IF.(a"A)-iat6! 40 0 20 40 80 160 msmo a1PERNWs AREA 16 4693 SF.(176 AC)64 FRaaoss PROP03F0 PoPNOUS AREA 14510 SF.(a-Aa)-7: PERNWS AREA P1pp�0 WP£RNW9 ARFA 16a733 a(166 Aa}920pi ( IN FEET ) cwARCE w vmNWS AREA -4610 SA -a"AC)-2661 i inch = BO ff. CRANCE 0I 1 MW=SS AREA +4610.SF.F+ail AC)+264 NOVEMBER12,2914 OMNIPLAN OAKBROOK GGP PERVIOUS AREA EXHIBI7 CENTER -------- --- -- ----- I .. I I 1 I Ir rt w _ __il �--iz- -- '���i --- - - f ' 1 — I I I - 1 _�1 ki a} I. PD LIMITS N I�� � -0 1 ' I it II I I •— 1� Z7 Z7 FRED PARKING '�x�mcvrmsm I I I II 1 TRU—RE I I I I I I a --- I Y i i d —L-- 1 plilwl na milE 191 i� uw n E 1 I I I I} I e I 11 "T"1 LLLJJJ NORDSTROM i. 11 I I I w 8LU P NG O � - {, RANSITION FROM 15'TO 20 5 EASEMENT WIDTH I�O• GRAPHIC SCALE 30 0 15 30 60 120 EASEMENT BOUNDARY /O- I E"�— SANITARY SEWER LINE d O� 7_I--- WATER MAINLINE /'� ( IN FEET T 1 inch = 120 ft. EASEMENT BOUNDARY NOVEMBER 12,2014 OM N I PLAN OAK B ROO K GGP UTILITY EXHIBIT C E N T E R #P 10 St.q?ROAD F) 1.. ILI is %.• Es I. V. to U'\gjj(E 1• %.3 V. 1. .s 1> S. � • ,3 11 4a 5 V. A A GRAPHIC SCALE ur 50 0 25 50 100 200 N C. t 'Tn-Site Lighting IN FEET 7 -LLCM 1 inch = 100 ft. NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP PHOTOMEMICS MIMIC C E N T E R AMC Oakbrook 12 Exterior Si na e g ID Description-Exterior Q . 1 Provide a set of 8'tall UL rated exterior AMC logo face lit channel letters;aluminum 4 fabrication with UL rated GE Tetra red mini max LED lighting and red acrylic faces. Z Provide a set of 3'tall UL rated exterior WAX logo face lit channel letters;aluminum 2 fabrication with UL rated GE Tetra blue mini max LED lighting and blue acrylic faces. • • AMC OAKBROOK 12 EXTERIOR SIGNAGE 60%Design Package November 26,2014 Notes: 1.Design intent drawings only,not for construction 2.All scope shall be by signage contractor unless otherwise indicated 3.Field verification needed for all signage locations I 4 I moose 16N i. . . . - - NORDSTROM ♦�`� x / 27GA 5 SF %5��♦t --- vac s•kk�� '% t .f !' fly^, ♦ �.� � ,w i j}1� �h•E:-ICh f I 1 THEATER uy } x , / 4- CK f SEARS iF R. za4.046 SF ► AMC OAKBROOK 12 SITE PLAN -signage locations noted in red. AMC Domestic Development EXTERIOR SIGNAGE 11.26.14 I 8'-0"H Internally illuminated 3'-0"H Internally illuminated face—lit AMC Signage(276.18 SF) face—lit IMAX Signage(46 SF) I 1 South Elevation Scale:W2"=1'-0" q _ SIGN O AMC OAKBROOK 12 SOUTH ELEVATION -Install internally illuminated AMC signage I AMC Domestic Development EXTERIOR SIGNAGE MALL ENTRANCE A nstall internally illuminated lMAXsignage I 112614 I I A 8'-0"H Internally illuminated face—lit AMC Signage(276.18 SF) _y Ii I Fl I I 2 East Elevation Scale:1/32"=V-0" a - _ SIGN AMC OAKBROOK 12 EAST ELEVATION Install internally illuminated AMC signage AMC Domestic Development EXTERIOR SIGNAGE 11.26.14 8'-0'H Internally illuminated 3'-0"H Internally illuminated face—lit AMC Signage(276.18 SF) face—lit IMAX Signage(46 SF) 0 -- 11111A)C I I t u �" _ — • 1--- i 3 North Elevation Scale:1/32"=1'-0" T. SIGN AMC OAKBROOK 12 NORTH ELEVATION -Install internally illuminated AMC signage AMC Domestic Development 5 EXTERIOR SIGNAGE -Install internally illuminated IMAX signage 11.26.14 8'-0"H Internally illuminated face—lit AMC Signage(276.18 SF) max. -- ----------_- =1 -----. 9w ( >-1- - - West Elevation SIGN O AMC OAKBROOK 12 WEST ELEVATION -install internally illuminated AMC signage AMC Domestic Development r EXTERIOR SIGNAGE Cj 11,26.14 32'4" bo ASign Detail 259 SF sow:i -IW Exterior Signage-AMC "AMC"Individual channel letters per artwork by AMC.Letter faces shall match"AMC"red-Pantone 186C. Letter returns to be Matthews paint black finish(#N923). .080 Aluminum backs,.063 Aluminum returns,6"Letter depth,Heliarc welded construction Paint interior of letters with Matthews Paint white finish(#N202). Face-lit illumination with Red GE Tetra LED.Mechanically fastened LED at stop and start of each run and 15"on center of each sign.5 Gelcore LED's per foot. Within letters,rows of L.E.D.modules. Modules are to be 3.5"on center and no less than 2.5"from return. L.E.D.'s to be adhered to aluminum back with 3M V.H.B.tape. L.E.D.'s to be red.Transformers are to be self-contained within each individual letter. Raceways are not an option. 3/16"seamless,when possible,Plexiglass faces to be Acrylite#278-0 Letters to have 1"Jewelite trim caps,matte black Letters to be mounted 3/8"off of surface using non-ferrous spacers and fasteners. Exterior UL Rated One dedicated 120V,10 Amp power circuit required to power sign.Sign weight approximately 800 lbs. AMC OAKBROOK 12 SIGN DETAIL 4-0"internally illuminated AMC signage AMC Domestic Development EXTERIOR SIGNAGE 11.26. 4 i 16-2 3/a A i B Sign Detail 46 SF Exterior Signage-IMAX "IMAX"Individual channel letters per artwork by AMC.Letter faces shall be 3/16"2051 Blue acrylic. Letter returns to be Matthews paint black finish(#N923). .080 Aluminum backs,.063 Aluminum returns,5"Letter depth,Heliarc welded construction Paint interior of letters with Matthews Paint white finish(#N202). Face-lit illumination with Blue GE Tetra LED.Mechanically fastened LED at stop and start of each run and 15"on center of each sign.5 Gelcore LED's per foot. Within letters,rows of L.E.D.modules. Modules are to be 35"on center and no less than 2.5"from return. L.E.D's to be adhered to aluminum back with 3M V.H.B.tape. L.E.D's lobe blue. Transformers are to be remotely mounted. Raceways are not an option. 3/16"seamless,when possible,Plexiglass faces to be 2051 Blue Acrylic Letters to have 1"Jewelite trim caps,matte black Letters to be mounted 3/8"off of surface using non-ferrous spacers and fasteners. Exterior UL Rated One dedicated 120V,5 Amp power circuit required to power sign.Sign weight approximately 180 lbs. AMC OAKBROOK 121 SIGN DETAIL 4-0"internally illuminated IMAX signage AMC Domestic Development i EXTERIOR SIGNAGE 11.26.14 Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 14 of 17 EXHIBIT D PDC RECOMMENDATION Gt OF 041( P d 9 o O y OUNTV •���` January 7, 2015 Village of Oak Brook Village President and Board of Trustees 1200 Oak Brook Road Village of Oak Brook yak Brook,IL 60523-2255 1200 Oak Brook Road Website Oak Brook, IL 60523 www.oak-brook.org Administration SUBJECT: Oakbrook Shopping Center, LLC— 100 Oakbrook Center—Planned 630.368.5000 Development—A 12-screen luxury movie theater, structured parking for FAX 630.368.5045 at least 475 cars and additional space for new restaurants. Community Development. Dear Village President and Board of Trustees: 630.368.5101 FAX 630.368.5128 Background Engineering On December 11, 2014, the Planned Development Commission held the required Department public Bearing and completed its review and deliberations on an application from 630.368.5130 Oakbrook Shopping Center, LLC, (as owner and applicant) seeking approval of a FAX 630.368.5128 Theater Planned Development to accommodate the construction of a new building to Fire Department accommodate new movie theaters, structured parking and restaurants. These 630.368.5200 improvements are the next step in GGP's multi-year program to renew and renovate FAX 630.368.5251 Oakbrook Center. They provided a presentation of the proposed development before Police Department the President and Board of Trustees on October 14, 2014 and the request was well 630.368.8700 received, pending a thorough review and recommendation before the Planned FAX 630.368.8739 Development Commission. Public Works Department Specifically,this planned development will include the following elements: 630.368.5270 1. Construction of a 12-screen lux 'movie theater; FAX 630.368.5295 � 2. Adding structured parking for approximately 475-500 cars; and Oak Brook 3• Redeveloping/reconfiguring a portion of"Building G's"top level (M-2)to Public Library create a restaurant and casual dining zone. .600 Oak Brook Road The new planned improvements will have limited visibility from a majority of the )ak Brook,IL 60523.2200 properties outside of Oakbrook Center due existing buildings, perimeter'landscaping, 630.368.7700 and topography. The architecture of the planned improvements will be consistent to FAX 630.368.7704 P p the existing building facades. Oak Brook Sports Core A requirement of the Planned Development process is for the applicant to provide a Bath&Tennis Club list of waivers and variations that are needed in order to obtain approval and to 700 Oak Brook Road construct the desired project (see page 14 and D of the case file). The following )ak Brook,IL 60523-4600 630.368.6420 summarizes each of the waivers and variations being requested. FAX 630.368.6439 • Section 13-7-3B: waiver to permit the property's open-air corridor as depicted Golf Club in the attached site plans to have uses occurring outside a completely enclosed 2606 York Road )ak Brook,IL 60523-4602 . building, including buildings with retractable walls, adjacent.outdoor. dining,:outdoor 630.368.6400 FAX,630.368.6419 January 7,2014 Village President and Board of Trustees RE: Oakbrook Center—Planned Development—Common Areas Page 2 ticket kiosks, the specialty retail program as defined by this request and entertainment uses. • Section 13-7B-1 and 2: to allow the corridor as depicted in the attached site. plans to have, as permitted uses, outdoor dining, markets, live entertainment. and specialty retail satisfying the applicable criteria set forth in Section 13-7B-2. • Sections 13-11-4, 13-11-7 and 13-11-9-13: to permit the proposed Cinema's north, east and west fagades to have signage substantially consistent with the enclosed, sign plans including.the supplemental signage for the AMCAMAX signs as detailed by this request(See page 15 of the case file). • Sections.13-15-7-C,D and H: to permit the proposed project schedule. Key elements of the Oakbrook Center Theater Planned Development .project are summarized in the following (All are included in the "Oakbrook Center Theater Planned Development Exhibit dated November 12, 2014 (See Iridex - page M of the case file unless noted otherwise):'. 1 Table of Contents 2-3 Location Plan and overview map 4-7 Existing Conditions 8 Level P1 Diagram 9 Level P2A Diagram 10 .Level P3 and M1 Diagram 11 Level M2 Diagram 12 Theater imagery of interior build-out 13 Elevation Perspective 14 Section Diagram 15-17 Schematic elevations and Perspective 18 Existing site plan. 19 Parking deck site plan 20 Parking deck planting details 21-26. Exterior Facades/Lighting Details 27 Parking ratio exhibit 28 Floor Plans P1 and P2A 29 Floor Plans P3 and M2 30 Drainage Exhibit. . 31 Pervious Area Exhibit 32 Utility Exhibit 33 Photometric Exhibit 34-36 Property Exhibit-Location of Planned Development Area in Mall PDChairletter-OBC Theater-PD-Jan-2015-Final.doc January 7, 2014 Village President and Board of Trustees RE: Oakbrook Center—Planned Development—Common Areas Page 3 Project Schedule and Security Plan Statement(see case file page F) Theater Planned Development Traffic Impact Study(see case file page 12) Reciprocal Easement Agreement(See case file page O) Supplemental Exterior Signage Graphics (See case file page 15) Please see the materials provided by the petitioner in the case file for a more detailed description and the rationale for the requested approval of the proposed Oakbrook Center Theater Planned Development. Public Comment All interested parties were notified of the public hearing. Jeff Kennedy, president of the Oak-Brook Club Homeowner Association, Chairman Davis of the Commercial Revitalization Committee and Streetscape Committee, commented that the applicant met with approximately 75 residents of the Oak Brook Club to review/discuss the proposed theater project. As a result of that meeting, the Oak Brook Club is supportive of the proposed project. An additional caveat from the meeting with the Oak Brook Club,.it was stated that a formal pedestrian access needs to be constructed in the fixture somewhere north of the.proposed theater project area that would connect to 16`h Street. Recommendation The standards.for a planned development are very detailed and were addressed in writing on pages E-E.7 of the case file. They were also addressed as part of the presentation at the public hearing. By a vote of 6 to 0, the Planned Development Commission found that the applicant had addressed all required standards and recommend approval of the proposed Theater Planned Development for the Oakbrook Shopping Center to allow the construction and use of: the proposed improvements as presented, subject to the 'following conditions: 1. Development is to be in substantial conformance with the approved plans for,the Theater Planned Development. The approved plans consist of the exhibits and statements submitted by the Applicant; subject to the revised and supplementary exhibits:and statements.submitted as included in the case file. The Development as depicted and described in the approved plans include the following five components: A. Construction of a new building that includes a 12-screen movie theater and structured parking for at least 475 cars; PDChairletter-OBC Theater-PD-Jan-2015-Final.doc January 7,2014 Village President and Board of Trustees RE: Oakbrook Center-Planned Development-Common Areas Page 4 B. Redevelopment and reconfiguration of a portion of"Building G's" top level (M-2) to create a restaurant and casual dining zone as well as an open-air corridor connecting to the new building; C. Pursuant to relief to be documented in the Theater Planned Development Ordinance,'operation of uses .within the open-air corridor that may occur outside of completely enclosed buildings, including building areas with retractable walls, outdoor dining adjacent to restaurants, outdoor ticket kiosks, and the specialty retail program as defined in Applicant's proposal satisfying the applicable criteria set forth in Section 13-7B-2 of the Village Code,including entertainment and private events. D. Pursuant to relief to be.documented in the Theater Planned Development Ordinance, signage on the new cinema's north, east and west facades in substantial conformance with the approved sign plans and standards (noting that Applicant's prior request for relief regarding box signs was eliminated); E. Pursuant to relief to be documented in the Theater Planned Development Ordinance, development in accordance with the approved Project Schedule as submitted by Applicant; and 2. Any liquor license permitting the sale of alcohol within the Open Air Corridor shall impose such conditions as are necessary to ensure that the subject portion of the Property where liquor is to be served will be sufficiently.. fenced,' monitored, and otherwise controlled to: (a) prevent customers from removing liquor from the licensed premises; and (b) prevent anyone other than-customers or employees of the licensed premises from accessing liquor within the licensed; premises. . Very truly yours, Champ favi.s Chairman Planned Development Commission PDChairletter-OBC Theater-PD-Jan:2015'=Finaa.doc w Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 15 of 17 EXHIBIT E 13-713-2 Conditions for Farmers Markets and 13-713-2 Conditions for Specialty Retail Program 1. Conditions for Farmers Markets (meaning Farmers' markets and/or French markets involving the sale of flowers, culinary accessories and edible items for consumption off the premises) within the Planned Development: A. Sale of used or preowned items is not permitted. B. Farmers' market and/or French market may be conducted no more than one day per week. C. All signage and setback requirements of the 132 zoning district must be met. D. The event will not impose any undue traffic or parking burden on surrounding properties and streets. 2. Conditions for Specialty Retail: A. All aspects of the operation and sales meet the applicable requirements of the DuPage County health department. B. Specialty retail program facilities have appropriate utilities. C. Specialty retail program facilities are not convenient to drive-up businesses D. Specialty retail program facilities do not materially interfere with access to or visibility of other establishments within the shopping center. Ordinance 2015-ZO-PUD-EX-S-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 16 of 17 EXHIBIT F OAKBROOK CENTER THEATER PLANNED DEVELOPMENT PROJECT SCHEDULE STATEMENT Project Schedule for Building G Reconfiguration and for Theater and Parking Structure The corporate authorities may declare the approval of the Planned Development null and void if Owner does not file a complete application for a building permit relative to the proposed Planned Development within eighteen (18) months after the date of adoption of the attached ordinance. The corporate authorities may declare the approval of the Planned Development null and void if construction has not commenced within twenty four (24) months of permit issuance or is not completed within twenty four (24) months of commencement. The foregoing is the approved Phasing Plan for the Planned Development pursuant to Section 13-15-7-E of the Zoning Ordinance and supersedes contradictory deadlines in Section 13-15-7-C and 13-15-7—D of the Zoning Ordinance. Project Schedule for Corridor Uses The outdoor uses within the Corridor area, including Specialty Retail activities, entertainment and mobile retail elements may be introduced, suspended, discontinued, and re-introduced on an irregular basis, depending on weather, holidays, contractual arrangements, market conditions, and other factors. Accordingly, the attached Ordinance shall not be terminable, in whole or part, if one or more of these elements is postponed or dormant from time to time, notwithstanding 13-15-17-H of the Zoning Ordinance. Ordinance 2015-ZO-PUD-EX-8-1414 An Ordinance Approving A Planned Development (Oakbrook Shopping Center—Theater Building and Upper Level of Building G) Page 17 of 17 EXHIBIT G E UNCONDITIONAL AGREEMENT AND CONSENT Pursuant to Section 8 of Village of Oak Brook Ordinance No. 2015-ZO-PUD-EX-S- 1414 (the "Ordinance', and to induce the Village of Oak Brook to grant the approvals provided for in such Ordinance, the undersigned acknowledges for itself, and for its corporate successors and assigns in title to the Property, that it: 1. has read and understands all of the terms and provisions of the Ordinance; 2. hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance, and to all other provisions of the "Zoning Ordinance of the Village of Oak Brook, Illinois of 1966," as amended, and all other codes, ordinances, rules, and regulations that are applicable to the use, development, improvement, and operation of the property subject to the Ordinance; 3. acknowledges and agrees that the Village is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the use of the Property, and that the Village's issuance of any permit does not, and shall not, in any way, be deemed to insure the undersigned against damage or injury of any kind and at any time; 4. acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; 5. agrees to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties with respect to the Property and the Village's adoption of the Ordinance or granting the approvals set forth in the Ordinance, except as may arise as a result of the Village's gross negligence or willful misconduct; 6. represents and acknowledges that the person signing this Unconditional Agreement and Consent is duly authorized to do so on behalf of the undersigned; and 7. consents to the recordation of the Ordinance and this Unconditional Agreement and Consent by the Village Clerk with the Office of the Du Page County, Illinois Recorder of Deeds against the property subject to the Ordinance. OAKBROOK SHOP N ER, LLC By: Its: A'IT 41it, /GNg Tay Effective Da�of Uncon iti nal Agreement and Consent: �42yv4A-v "f , 2015 OAKBRO K SHOPPING CENTER Cinemas-Parking- Restaurant Zone PLANNED DEVELOPMENT INDEX PAGE VILLAGE MATERIAL and UPDATES 18-18.c Memorandum from Director of Community Development Kallien -Village Board Agenda— January 13, 2015 17-17.c Plan Development Commission Recommendation letter dated January 7, 2015 16-16.1 Planned Development Meeting Minutes dated December 11, 2014 15-15.g Supplemental AMC OAKBROOK 12 Exterior Signage Graphics dated November 26, 2014 14 Updated Signage Waivers and Variation-SUPERSEDES Page D.1 13 Applicant Responses to Staff Review Comments- Updated December 16, 2014 12 Updated Traffic Study (Included - Not Attached)-SUPERSEDES Page N (to view go to old N) 11-11.e Staff Report dated December 5, 2014 from Director of Community Development Kallien to the Planned Development Commission 10 Engineering -Village Engineer Review dated December 3, 2014 9 Fire- Fire Chief Comments dated December 2, 2014 8-8.a Police- Police Chief Memorandum dated December 2, 2014 7 Certificate of Publication dated November 21, 2014 6 Board of Trustees Meeting Minutes dated October 14, 2014 5 Referral Memo to Board of Trustees from Director of Community Development Village Board Agenda-September October 14, 2014 4 Section 13-7-313-Scope-All Business...shall be conducted wholly within a completely enclosed building... 3-3.b Section 13-7-B.1 and B.2- Permitted and Special Uses Scope (B-2 District) 2-2.g Section 13-11-4, 13-11-7 and 13-11-9.13-Signage 1-1.a Section 13-15-7-C, D and H - Planned Development Project Schedule PD Application and Supporting Documents A Application B Brief Narrative Overview C Waivers and Variations- Brief Description D Waivers and Variations-Site Development Allowances- Section 13-15-4 D-1 Waivers and Variations - SUPERSEDED-See page 13 E-E.7. Planned Development Standards-Section 13-15-3 F Project Schedule and Security Plan Statement G-G.3 Cover Letter and Summary of Related Administrative Waivers-Section 13-15-6 H Fee and Receipt/Paid Certification of Surrounding Property Owners J-J.8 Surrounding property owners list K- Resident Letter K.1 Mailed Certified by Applicant on November 18, 2014 Payment receipt attached- Individual Certified Mailing Receipts included in the Official file only K-2-K.-3 Applicant Notes from Meeting with Oak Brook Club Residents on November 18, 2014 L-L.1 Subject Property Verification -and Legal description of property M Oakbrook Center-Theater Planned Development Application Graphics Exhibit(Included-Not Attached) (Note: page numbers below are those contained in the attachment) 1 Table of Contents 2-3 Location Plan and overview map 4-7 Existing Conditions 8 Level P1 Diagram 9 Level P2A Diagram 10 Level P3 and M1 Diagram 11 Level M2 Diagram 12 Theater imagery of interior build-out 13 Elevation Perspective 14 Section Diagram 15-17 Schematic elevations and Perspective 18 Existing site plan 19 Parking deck site plan 20 Parking deck planting details 21-26 Exterior Facades/Lighting Details 27 Parking ratio exhibit 28 Floor Plans PIA and P2A 29 Floor Plans P3 and M2 30 Drainage Exhibit 31 Pervious Area Exhibit 32 Utility Exhibit 33 Photometric Exhibit 34-36 Property Exhibit-Location of Planned Development Area in Mall �I ?Ma;f°e lmpaet Stutly dMated h1wrember A 3, ' SUPERSEDED See Page 12 O Reciprocal Easement Agreement (Included— Not Attached) P Topographical Map—Oakbrook Center(Not Included— Key Files Only) Q Land Title Survey (Not Included— Key Files Only) i rc OF OAS vPG e�0 v b - d o b COUNC41 AGENDA ITEM Regular Board of Trustees Meeting of January 13,2015 SUBJECT: Oakbrook Shopping Center, LLC — 100 Oakbrook Center — Planned Development — 12 screen luxury movie theater, structured parking for at least 475 cars and additional space for new restaurants. FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation from the Planned Development Commission and approve the Theater Planned Development for the Oakbrook Shopping Center to allow the construction and use of the proposed improvements as presented, subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans for the Theater Planned Development. The approved plans consist of the exhibits and statements submitted by the Applicant, subject to the revised and supplementary exhibits and statements submitted as included in the case file. The Development as depicted and described in the approved plans include the following five components: A. Construction of a new building that includes a 12-screen movie theater and structured parking for at least 475 cars; B. Redevelopment and reconfiguration of a portion of "Building G's" top level (M-2) to create a restaurant and casual dining zone as well as an open-air corridor connecting to the new building; C. Pursuant to relief to be documented in the Theater Planned Development Ordinance, operation of uses within the open-air corridor that may occur outside of completely enclosed buildings, including building areas with retractable walls, outdoor dining adjacent to restaurants, outdoor ticket kiosks, and the specialty retail program as defined in Applicant's proposal satisfying the applicable criteria set forth in Section 13- 7B-2 of the Village Code,including entertainment and private events. D. Pursuant to relief to be documented in the Theater Planned Development Ordinance, signage on the new cinema's north, east and west fagades in substantial conformance BOT-Rec-013C Common Area-Planned Development-Jan2015.doc /�• with the approved sig n plans and standards (noting that Applicant's prior request for relief regarding signs was eliminated g g box g ); E. Pursuant to relief to be documented in the. Theater Planned Development Ordinance, development in accordance with the approved Project Schedule as submitted by Applicant; 2. Any liquor license permitting the sale of alcohol within the Open Air Corridor shall impose such conditions as are necessary to ensure that the subject portion of the Property where liquor is to be served will be sufficiently fenced, monitored, and otherwise controlled to: (a) prevent customers from removing liquor from the licensed premises; and (b) prevent anyone other than customers or employees of the licensed premises from accessing liquor within the licensed premises; and 3. Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 27,2015 Board of Trustees meeting. Background/History: On December 11, 2014, the Planned Development Commission held the required public hearing and completed its review and deliberations on an application from Oakbrook Shopping Center, LLC, (as owner and applicant) seeking approval of a planned development to accommodate the construction of a luxury movie theater, structured parking and additional space for new restaurants and other improvements. These improvements.are the next step part in GGP's multi-year program to renew and renovate Oakbrook Center. Specifically,this planned development will include the following elements: 1. Construction of a 12-screen luxury movie theater; 2. Adding structured parking for approximately 475-500 cars; and 3. Redeveloping/reconfiguring a portion of"Building G's" top level (M-2) to create a restaurant and casual dining zone. The new planned improvements will have limited visibility from a majority of the properties outside of Oakbrook Center due existing buildings, perimeter landscaping, and topography. The architecture of the planned improvements will be consistent to the existing building facades. A requirement of the Planned Development process is for the applicant to provide a list of waivers and variations that are needed in order to obtain approval and to construct the desired project (see pages 14 and D of the case file). The following summarizes each of the waivers and variations being requested. • Section 13-7-3B: waiver to permit the property's open-air corridor as depicted in the attached site plans to have uses occurring outside a completely enclosed building, including buildings with retractable walls, adjacent outdoor dining, outdoor ticket kiosks, the specialty retail program as defined by this request and entertainment uses. • Section 13-7B-1 and 2: to allow the corridor as depicted in the attached site plans to have, as permitted uses, outdoor dining, markets, live entertainment and specialty retail satisfying the applicable criteria set forth in Section 13-7B-2. • Sections 13-11-4, 13-11-7 and 13-11-9-B: to permit the proposed Cinema's north, east and west facades to have signage substantially consistent with the enclosed sign plans including the supplemental signage for the AMC/IMAX signage and standards as detailed by this request. 2 o • Sections 13-15-7-C, D and H:to permit the proposed project schedule. Key elements of the Oakbrook Center Theater Planned Development project are summarized in the following (All are included in the "Oakbrook Center Theater Planned Development Exhibit dated November 12,2014 (See Index -page M of the case file unless noted otherwise): 1 Table of Contents 2-3 Location Plan and overview map 4-7 Existing Conditions 8 Level P 1 Diagram 9 Level P2A Diagram 10 Level P3 and Ml Diagram 11 Level M2 Diagram 12 Theater imagery of interior build-out 13 Elevation Perspective 14 Section Diagram 15-17 Schematic elevations and Perspective 18 Existing site plan 19 Parking deck site plan 20 Parking deck planting details . 21-26 Exterior Facades/Lighting Details 27 Parking ratio exhibit 28 Floor Plans PIA and P2A 29 Floor Plans P3 and M2 30 Drainage Exhibit 31 Pervious Area Exhibit 32 Utility Exhibit 33 Photometric Exhibit 34-36 Property Exhibit-Location of Planned Development Area in Mall Project Schedule and Security Plan Statement(see case file page F) Theater Planned Development Traffic Impact Study(see case file page 12) Reciprocal Easement Agreement(See case file page O) Supplemental Exterior Signage Graphics(See case file page 15) Please see the materials provided by the petitioner in the case file for a more detailed description and the rationale for the requested approval of the proposed Oakbrook Center Theater Planned Development. Recommendation Chairman Davis noted that the standards for a planned development are very detailed and were addressed in writing on pages E-E.7 of the case file. They were also addressed as part of the presentation at the public hearing. By a vote of 6 to 0, the Planned Development Commission found that the applicant had addressed all required standards and recommend approval of the proposed Theater Planned Development for the Oakbrook Shopping Center to allow the construction and use of the proposed improvements as presented, subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans for the Theater Planned Development. The approved plans consist of the exhibits and statements submitted by the Applicant, subject to the revised and supplementary exhibits and statements submitted as included in the case file. The Development as depicted and described in the approved plans include the following five components: A. Construction of a new building that includes a 12-screen movie theater and structured parking for at least 475 cars; B. Redevelopment and reconfiguration of a portion of"Building G's"top level (M-2) to create a restaurant and casual dining zone as well as an open-air corridor connecting to the new building; C. Pursuant to relief to be documented in the Theater Planned Development Ordinance, operation of uses within the open-air corridor that may occur outside of completely enclosed buildings, including building areas with retractable walls, outdoor dining adjacent to restaurants, outdoor ticket kiosks, and the specialty retail program as defined in Applicant's proposal satisfying the applicable criteria set forth in Section 13-7B-2 of the Village Code, including entertainment and private events. D. Pursuant to relief to be documented in the Theater Planned Development Ordinance, signage on the new cinema's north, east and west fagades in substantial conformance with the approved sign plans and standards (noting that Applicant's prior request for relief regarding box signs was eliminated); E. Pursuant to relief to be documented in the Theater Planned Development Ordinance, development in accordance with the approved Project Schedule as submitted by Applicant; and 2. Any liquor license permitting the sale of alcohol within the Open Air Corridor shall impose such conditions as are necessary to ensure that the subject portion of the Property where liquor is to be served will be sufficiently fenced, monitored, and otherwise controlled to: (a) prevent customers from removing liquor from the licensed premises; and (b) prevent anyone other than customers or employees of the licensed premises from accessing liquor within the licensed premises. 4 OF 0qM v \v p dyo O . ® e O y G 0 9C�000NTI January 7, 2015 Village of Oak:Brook Village President and Board of Trustees 1200 oak.Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road website Oak Brook, IL 60523 www oak-brook.org Administration SUBJECT: Oakbrook Shopping Center, LLC— 100 Oakbrook Center—Planned 630.368.5000 Development—A 12-screen luxury movie theater, structured parking for FAx 630.3685045 at least 475 cars and additional space for new restaurants. Community Development Dear Village:President and Board of Trustees: 630.368.5101 FAX 630.368:5128 Background Engineering On December 11, 2014, the Planned Development Commission held the required Department public hearing and completed its review and deliberations on an application from 630.368.5130 Oakbrook Shopping Center LLC (as owner and a pp licant) seeking. approval of a FAX 630.368.5128 Theater Planned Development to accommodate the construction of a new building to Fire.Department accommodate new movie theaters, structured parking and restaurants... These L. 630,368.5200 improvements are the next step in GGP's multi-year program to renew and renovate FAX 630.368.5251 Oakbrook Center. They provided a presentation of the proposed development before Police Department the President and Board of Trustees on October 14, 2014 and the request was well 630:368.8700 received P g g endin a thorough review and recommendation before the Planned FAX 630.368.8739 Development Commission. Public works 'Department Specifically,this planned development will include the following elements: 630368:8.5 1. Construction of a 12-screen lux movie theater; FAX 630.368.5295 �' 2. Adding structured parking for approximately 475-500 cars; and Oak Brook 3. Redeveloping/reconfiguring a portion of"Building G's"top level (M-2)to Public Library create a restaurant and casual dining zone. 600 Oak Brook Road The new planned improvements will have limited visibility from a majority of the . Oak Brook;IL 60523-2200 properties outside of Oakbrook Center,dug, existing buildings, perimeter landscaping, 630.368.7700 FAX 630.368.7704 and topography. The architecture of the planned improvements will be consistent to the existing building facades: -Oak Brook Sports Core A requirement of the Planned Development process is for the applicant to provide a Bath&Tennis Club list of waivers and variations that are needed in order to obtain 'approval and to 700 Oak Brook Road construct the desired project (see page. 14 and D of the case file). The following Oak Brook,EL 60523-4600 630368.6420 summarizes each of the waivers and variations being requested. FAX 630.368.6439 Section 13-7-3B: waiver to permit the property's open-air corridor as depicted Golf Club in the attached site plans to have uses occurring outside a completely enclosed 2606 York Road Oak Brook,IL 60523-4602 building, including buildings with retractable walls, adjacent outdoor dining, outdoor 630.368.6400 F?XX 630.368.6419 January 7,2014 .Village President and Board of Trustees RE: Oakbrook Center—Planned Development—Common Areas Page 2 ticket kiosks, the specialty.retail program as defined by this request and entertainment uses. • Section 13-7B-1 and 2: to allow the corridor as depicted in the attached site plans to have, as permitted uses, outdoor dining, markets, live entertainment and specialty retail satisfying the applicable criteria set forth in Section 13-7B-2. • Sections 13-11-4, 13=11-7 and 13-1.1-9-B: to permit.the proposed .Cinema°s.. north, east and west facades to have signage substantially consistent with the:enclosed sign plans including the,supplemental signage for the AMCAMAX signs'as detailed by this request(See page 15 of the-case file). • Sections 13-15-7-C, D and H: to permit the proposed project schedule. Key elements of the Oakbrook Center Theater Planned Development project :are summarized in the following (All are included in the "Oakbrook Center Theater Planned Development Exhibit dated November 12, 2014 (See Index - page M of the case file unless noted otherwise): 1 Table of Contents 2-3 Location Plan and overview map 4-7 Existing Conditions 8 Level P1 Diagram 9 Level P2A Diagram . 10 Level P3 and MI.Diagram 11 Level M2 Diagram 12 Theater imagery of interior build-out 13 Elevation Perspective 14 Section Diagram 15-17 Schematic elevations and Perspective 18 Existing site plan 19 Parking deck site plan 2 ' 0 P g planting'Parking-deck lantin details 2'1-26 Exterior Facades/Lighting Details 27 Parking ratio exhibit j 28 Floor Plans PIA and P2A 29 Floor Plans P3 and M2 30 Drainage Exhibit 31 Pervious Area Exhibit 32 Utility Exhibit 33 Photometric Exhibit 34-36 Property Exhibit- Location of Planned Development Area in Mall .PDChairletter-OBC Theater-PD-Jan-2015-Final.doc January 7, 2014 Village President and Board of Trustees RE: Oakbrook Center—Planned Development—Common Areas Page 3 Project Schedule and Security Plan Statement(see case file page.F): Theater Planned Development Traffic Impact Study(see case file page 12) Reciprocal Easement Agreement(See case file page O) Supplemental Exterior Siginage Graphics (See case file page 15) Please see the materials provided by the petitioner in the case file for a more detailed, description and the rationale for the requested approval of the proposed Oakbrook Center Theater Planned Development. Public Comment All interested parties were notified of the public hearing. Jeff Kennedy, president of the Oak Brook Club Homeowner Association, Chairman Davis of the .Commercial . Revitalization Committee and 5tree.tucape Committee,.commented that the applicant. met with approximately 75 residents of the Oak Brook Club to review/discuss ahe proposed theater project. As a result of that meeting, the Oak Brook Club is supportive of the proposed project. An additional caveat from the meeting with the Oak Brook Club, it was stated that a formal pedestrian access needs to be constructed... in the future somewhere north of the proposed theater project area that would connect to 16th Street. Recommendation The standards for a planned development are very detailed and were addressed in writing on pages E-E.7 of the case file. They were also addressed as part of the. presentation at the public hearing. By a vote of 6 to 0, the Planned Development Commission found that the applicant had addressed all required standards and recommend approval of the proposed Theater Planned Development for the Oakbrook Shopping Center to allow the construction: and use. of the proposed improvements as presented, subject to the. following conditions: . 1. Development is to be in substantial conformance with the approved plans for the. Theater Planned Development. The approved plans consist of the exhibits and statements submitted by the Applicant, subject to the revised and supplementary exhibits and statements submitted as included in the case file. The Development . as depicted and. described in the approved plans include the following five components: A. Construction of a new.building that includes a 12-screen movie theater and_ structured parking for at,least 475 cars; PDChairletter-OBC Theater-PD-Jan-2015-Final.doc 7.Ab January 7,2014 Village President and Board of Trustees RE: Oakbrook Center—Planned Development—Common Areas Page 4 B. . Redevelopment and reconfiguration of a portion of"Building G's".top level (M-2) to create a restaurant and casual dining zone as well as an open-air corridor connecting to the new building; C. Pursuant to relief to be documented in the Theater Planned Development Ordinance, operation of uses within the open-air corridor that may occur outside of completely enclosed buildings, including building areas .with retractable walls, outdoor. dining adjacent to restaurants, outdoor ticket. kiosks, and the specialty retail program as defined.in Applicant's proposal satisfying the.applicable criteria set forth in Section 13-7B-2 of the Village Code, including entertainment and private events. D. Pursuant to relief to be documented in the Theater Planned Development Ordinance, signage on the new cinema's north, east and west faeades in substantial conformance.with the approved sign plans and standards (noting that Applicant's prior.request for relief regarding box signs was eliminated); E. Pursuant.to relief to be.,documented. in-the Theater Planned Development Ordinance, development in accordance with the approved Project Schedule. as.submitted by Applicant; and 2. Any liquor license permitting the sale of alcohol within the Open Air Corridor shall impose such conditions as are necessary to ensure that the subject portion.,, of the Property where liquor. is to be served will be sufficiently fenced; monitored,. and'otherwise controlled to: (a) '.prevent customers from removing liquor from:the licensed premises; and (b) prevent anyone other than customers or employees of the licensed premises from accessing liquor within the licensed premises: Very truly yours, NOTE:Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Planned Development Commission PDChaiiletter-OBC Theater-PD-Jan-2015-Final.doc i • MINUTES OF THE DECEMBER 11, 2014 SPECIAL DJMFT COMMISSION OF THE VILLLAGE OF OAK BROOK APPROVED AS WRITTEN ON_, 2014 1. CALL TO ORDER: CALL TO ORDER The Special Meeting of the Planned Development Commission was called to order by Chairman Champ Davis, Jr. in the Samuel E. Dean Board Room of the Butler Government Center at 7:01 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Jr., Vice Chairman Marcia Tropinski, Members Jeffrey Bulin, Natalie Cappetta, Thomas Doyle and Simon Sheers ABSENT: Member Raju Iyer IN ATTENDANCE: .Robert Kallien, Jr., Director of Community Development, Barry Liss, Fire Chief, Phil Laures, Civil Engineer, Engineering Department, Tamie .Madden, Division Commander, Police Department and Gail Polanek,Planning Technician 3. APPROVAL OF MINUTES APPROVAL OF i MINUTES SPECIAL MEETING OF THE PLANNED DEVELOPMENT COMMISSION OF DECEMBER 12,2013 Motion by Member Doyle, seconded by Member Bulin to approve the minutes of the December 12, 2013 Special Planned Development Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business. 5. A. CASE NO: 2014-09-ZO-PUD — OAKBROOK SHOPPING CENTER LLC No.2014-09-ZO-PUD C/O GENERAL GROWTH PROPERTIES — INTERIOR PORTIONS C/O GEN EN R CTR C/O GERAL LOCATED WITHIN THE OAKBROOK SHOPPING CENTER — 12- GROWTH— SCREEN LUXURY MOVIE THEATER, STRUCTURED PARKING AND PLANNED DEVELOPMENT RESTAURANT ZONE—PLANNED DEVELOPMENT VILLAGE OF OAK BROOK Special Planned Development Commission Page 1 of 13 December 11, 2014 Minutes Chairman Davis reviewed the request and rules for the Planned Development proceedings. Chairman Davis swore in all those that would testify. Chuck Fleming, Senior General Manager of the Oakbrook Shopping Center introduced Danielle Cassel, Counsel with Vedder Price, Ben Freeman, Development Director who will be overseeing the project, John Hampton, Omni Plan, lead architect, Ryan Jacox, Traffic Engineer, and Dan Meyer, Civil Engineer. Mr. Fleming noted that there is an evolution of the shopping center and that the request is part of the transformation of what has been a very successful asset and making it better and more exciting place to be. He reviewed what they have accomplished and how this request is one of the steps in the continuation of the phases of renovating and remodeling the shopping center. Over the last few years there has been a renovation of the common areas and they have improved all of the hardscape, all mall tile, curbs, planters, removed and replaced all of the landscaping, new lighting, and new way-finding signage. They have brought in amenities. They realized that the shopping center was lacking in some interaction with the customer so they brought in more customer friendly amenities, including an amenities pavilion made of glass located in the middle of the mall. In the winter it provides a place to warm up and includes a fireplace. In the summer its open with soft seating,tables and chairs. There are different water features and fountains that are in operation 365 days a year. They have fire totems, soft seating, new Christmas decor and they have created a"Village Green"area. Along with the renovation, they have repositioned some of their anchor stores. One of the underperforming stores, Bloomingdale's was recaptured and redeveloped into two big box users. Pirch is located on the top level and the Container store was relocated to the lower level. On the main level facing the mall they relocated Lululemon and brought in new retailers, such as Tommy Bahama, Hugo Boss and Aritzia. The old Renaissance Hotel was replaced by the LeMeridien Hotel and there has been a complete transformation of the building and property which has been very successful. Last year they received approvals for the glass pavilions and the digital sign. VILLAGE OF OAK BROOK Special Planned Development Commission Page 2 of 13 December 11, 2014 Minutes Two of the structures have been built and leased out to Argo Tea and Avistars. The digital sign was completed in July. In August and September they tested out movies in the park every Wednesday night and was extremely successful and they will be expanding it next summer from Memorial Day to Labor Day. They will probably continue with the movies on Wednesday for kids and on Friday they may have date night movies, with some of the old classics in order to have interaction with different age groups. The Village Green area has been split with Dream Works with a virtual trip to the North Pole. On the other side is the Chriskindle Market and there is a lot of.activity going on in both of the areas. They are seeking a request to build another structure on the property. The structure will be a 12-screen theater with 3 levels of parking directly underneath. It will connected to what they call the G building. It is the retail building between Sears and Nordstrom on the upper level. They will be redemising the upper level of that area for more retail and restaurant uses. Ancillary to this, they will be reactivating the old 4-screen movie theater located in the middle of the mall that has been dark since 1990. He reviewed the plans showing the proposed location of the proposed building. The building will be in an existing parking field. It is 4.2 acres. He reviewed the levels of the structure, how the existing landscaping should conceal most of the building from the exterior of the mall. They will connect the first level of parking directly with the existing blue parking deck. There will be escalators and stairwells. There will be about 475 parking spaces in the parking garage, which will be a net increase of about 300 additional parking spaces. There will be an express ramp that will bring a car right to the top of the garage to work your way down. There will also be a convenient way of getting there from the bottom level. The upper level of the deck will be the same height of the adjacent building known as M-1. Some of the existing retail will be taken down and create an exterior corridor to the Center. AMC, the theater operator, will be building out 12 theaters with each having about 100 seats, which are small in size due to the luxury seating component. Food and beverage will be available and is meant to provide a more luxurious experience. The corridor leading to the theaters may have a food hall but they have not decided what they will do, but it will be very similar to the renovated common area project. VILLAGE OF OAK BROOK Special Planned Development Commission Page 3 of 13 December 11, 2014 Minutes The building fits in with everything going on right around it. It will be slightly higher than the existing Sears building. On the outside of the building will be an express ramp as well as some exterior signage that will be similar to what is shown on the existing building. They will not be lit, but will indicate retailers that are located inside the building. The landscaping will be commensurate with the rest of the landscaping around the Center and will be carried through the new development. They have had several meetings with staff, including Bob Kallien, the village manager, police chief, fire chief and the public works director. Other various village officials have looked over the plan. They have been refining the plan after each meeting and are prepared to answer all questions. Staff has helped guide them through this process. They met with about 75 residents of the Oak Brook Club, which is located across the street from the Center to go through the presentation with them to get their thoughts. They felt that it was extremely important to maintain their standing with their neighbors who are the closest and wanted their input before meeting with the Commission. Danielle Cassel, Vedder Price, reviewed the specifics of the variations and waivers, comments received from staff and their responses, reviewed the standards and conditions for the Planned Development ordinance. (A detailed list of the Waivers and Variations was submitted with the application). The first waiver in the zoning ordinance mandates that retail uses are to be inside not outside. Oakbrook Center is one of the nation's leading regional outdoor mall that capitalizes on outdoor gathering and landscape areas. Although the majority of the planned development is comprised of two buildings, they are trying to open up Building G to create an outdoor corridor that in some way mimics the common area on the lower levels. The corridor area in the middle is designed to connect the more interior portions of the Center with the new cinema building. It will be occurring on only one floor but they want it to be visually active and exciting and in keeping with the quality and character of the common areas of the Center. Conceptually they are looking at the corridor with landscaping and outdoor dining. Some of the retailers may have retractable walls. If there is a way to integrate the outdoor space they would like to. So they are seeking relief of the same zoning sections they did with the previous planned development in order to continue that type of amenity. They are confident that this will not create any harm or nuisance to other property owners since it is essentially in the interior part of the Center with their own building on all sides. They really hope that it will draw people throughout the Center as well as bringing in food and beverage that will be VILLAGE OF OAK BROOK Special Planned Development Commission Page 4 of 13 December 11, 2014 Minutes /�. C more conveniently located near the shopping areas. The next variation relates to the signage on the north elevation of the building. They do not believe they need relief to the signage to any other elevations. The north fagade does deviate to the zoning code provisions in some measures. They hope that it will achieve a nice balance to give the tenants some visibility. The north fagade has three sections. Updated elevations were provided to show how the Imax logo would fit with the AMC signage. They are Moot high signs and would not be larger than 46-square feet each. One would be located on the north side the other on the south side at the end of the corridor. She asked that the recommendations and final ordinance allow the Imax addition to the signs. She reviewed staff comments as follows: Fire Chief Liss questioned whether the new structure and parking decks would incorporate emergency call stations. They initially responded that they would not, however the subsequently looked at this and they would provide emergency call stations. Chairman Davis noted that detailed responses to the required standards were on page E—E.7 of the case file. She reviewed the required Planned Development standards as follows: She noted that it was very important to make sure that the project requested was consistent with the Commercial Areas Revitalization Master Plan and believes the project fulfills and advances many of those goals 1) clustering compatible retails uses, 2) concentrating commercial land uses, 3) encouraging the Center's continued vitality and expansion, 4) increases sales tax, 5) developing restaurant and entertainment uses, and 6) creating public areas for outdoor gathering. They felt that the theater planned development, like the approved common area planned development, should continue to advance those six goals. The proposed design should not impact light and air onto any adjacent property since it is located within the Center. In terms of public welfare they are confident that the project would not have negative consequences for any property owners or residents outside the boundaries of the Oakbrook Center property. There is very limited visibility of the site from outside properties. They have reviewed with their technical staff each of the noise lighting and other performance standards by going through the code and comply with each of them. VILLAGE OF OAK BROOK Special Planned Development Commission Page 5 of 13 December 11, 2014 Minutes The impact on public facilities and resources. The vast majority of the underground utilities and connections necessary for the G building reconfiguration are already in place. Those that need to be installed will be further understood as they g g o through the final engineering p rocess while , working with the Engineering/Public Works departments. There is a nominal increase in pervious area, approximately 3 percent, and they have an existing stormwater detention pond with adequate capacity to absorb the slight change. There are no archaeological or historical cultural resources that would be impacted by the project. Parking and Traffic. She noted that the original traffic study included with the materials focused on the external driveways, where the Center is surrounded by public ways. They saw that the existing infrastructure looks like it could absorb the small incremental change, in that they are adding a net of 300 parking spaces to approximately 11,000 existing parking spaces. They found that none of the critical intersections ever dropped their level of service. Village staff also asked that they look at the internal ring road roadway. The study was just completed and copies of the updated report were provided to the . . Commissioners. She summarized those findings as follows: The exterior roadways do not change. In the interior there were a couple of areas of concern. Their plan at this point is to look at it very carefully, especially around the grand opening and immediately afterwards to keep an eye to the intersections that may be problematic. It may require some lane restriping or reconfiguration issues that may address the concerns, but they think that it is premature to proposed any specific roadway interior redesigns because they are not quite sure how the visitors to the Center will want to drive through the Center once the theater opens to determine the traffic patterns. Adequate Buffering is shown on page 19 of the plans exhibit. Virtually all of the planned development will be occupied by building structures and drive aisles. Those that are not will be landscaped. They feel the corridor is going to create a new open space for outdoor movement. Signage. The only signage relief requested is the signage located on the northern fagade. VILLAGE OF OAK BROOK Special Planned Development Commission Page 6 of 13 December 11, 2014 Minutes The applicant controls the entirety of the proposed planned development. In terms of need,they feel there will be economic benefits that will accrue from the development, including construction related employment, permanent jobs, property taxes, sales tickets and concessions. If a liquor license is approved for the movie theater or any of the new restaurants there would be additional tax revenues. Most importantly, what is driving the development are the benefits of making Oakbrook Center a more enjoyable place to be. They are always trying ways to make this premiere destination a better place and they are responding to customer feedback. It is right on trend with all of the leading experts in shopping center development. People don't just want to shop, they want entertainment, restaurants, gathering places, and they feel this is the next step in the continuum of the complete renovation of the common area planned development, including the Village Green and movies in the park and other enhancements that have been put in place. Compliance with the subdivision regulations and plat act do not apply since there will not be any transfer of land. j Covenants and restrictions is similar to the subdivision response. There are no new covenants or deed restrictions. Security and site control. The development will be monitored and there will be security plans. They will be looking at how to deply manpower, security infrastructure, and working with the Police Department to make sure they are on the right track. In response to the additional standards, there is an integral design standard. The goal is to keeping with the existing improvements. Beneficial common open space-the new corridor is meeting that goal. Functional and mechanical features. They will ensure that they meet the village standards. Visual and acoustical privacy. There is not a lot of visibility with the new improvements from other properties. It is important that sound from each individual theater is self contained so that the sound is not heard from adjacent theaters. They are confident that there would not be any noise geminating from the theater building. VILLAGE OF OAK BROOK Special Planned Development Commission Page 7 of 13 December 11, 2014 Minutes They will be looking at an energy efficient design although at this point they are not seeking LEED certification. Drives,parking, circulation and water drainage had been addressed. The Planned Development regulations impose some goals in terms of how quickly permits will be sought and construction completed. They are seeking waivers for the phasing of the application. They anticipate filing a complete application for the building permit between 6 and 18 months, although it may be less than 6 months. Commence construction within 24 months. Permit issuance and complete construction within 24 months of commencement. Conditions: They agree with all conditions recommended in the staff report. Their expectation would be that the planned development would have the same liquor control restrictions as in noted in the common area planned development ordinance. The condition would be the same as the common area planned ensuring that they would use fencing and other mechanisms to ensure that anyone consuming alcohol at any of the venues would be able to carry it away with them or into the corridor where people are moving. She also requested that a condition be included relative to the change in the signage to include the IMAX logo as presented in the exhibit. i Chuck Fleming said that the property has been around since 1962. It has fantastic retailers and strong anchors and a synergy that has been developing itself. They recognized that there was an element missing and touched on it with the approved PD request last year, which is entertainment. They are finding that the shoppers are looking for things that go beyond shopping and the stores. They want to continue to be the destination and by adding entertainment they will put themselves ahead of everyone else. This is the type of new generation of shopping centers that the customers are looking for. Jeff Kennedy, identified himself as wearing three hats at this hearing. He is Chairman of the Revitalization Committee, Chairman of the Streetscape Committee and president of the Oak Brook Club. The interests of the three constituencies are perfectly aligned in support of this project. This is exactly the kind of commercial revitalization the village had in mind and is a major improvement to the Center. It brings a new dimension to Oak Brook. There is very little entertainment in town. He is at the Center over 300 days a year and has seen a dramatic improvement. There is a certain life and vitality to the VILLAGE OF OAK BROOK Special Planned Development Commission Page 8 of 13 December 11, 2014 Minutes • �6�'' Center and the theater project and associated restaurants will advance that. It is completely consistent with the CR objectives, including the additional tax revenue that would be generated. A major program with the streetscape improvements is the pedestrian access project to stitch the Oakbrook Center with the ring of offices, hotels, restaurants and the Oak Brook Club. It has only been accessible by car. They are trying to integrate Oakbrook Center with the areas that surround it. It would be an oversight if the project did not include pedestrian access walkway with the bike path on 16th Street and a bridge across the detention pond. The Oakbrook Club and Oakbrook Center have been very good neighbors over the last 45 years. Oakbrook Center met with about 75 residents of the Oak Brook Club and they answered all of the questions. The questions he is receiving from his neighbors is how soon the theaters would be open as well as when will the crosswalk be done. He personally came to the Village and reviewed the entire file. He is confident and comfortable with what is being proposed including as to how it deals with light, sight lines, view, water detention and traffic. Traffic is the price you pay for success. It operates efficiently and will continue to operate efficiently. The traffic problem is at Route 83 and Hodges and will need to be addressed with IDOT. This is a win- win-win for the Center, the Village and the Oak Brook Club. The Village Board has had a lot of discussion about Oak Brook not having a downtown area. GGP has advanced the sense of gathering and getting together and bringing an element of entertainment to the community. He strongly supports the project from all of his perspectives. Director of Community Development Kallien said that it is a very complex project bringing a lot of different elements together. He questioned the proposed signage change. He asked if the AMC lights would be red or backlight white. Ms. Cassel responded that it would match its corporate trademark color being red and the IMAX would be blue, which will be internally illuminated. Member Sheers thought that it would be a wonderful asset to Oak Brook. Member Doyle questioned whether there was any issue with the Sears Sears/Auto space in regards to parking, especially during peak shopping times. Mr. Fleming responded that the traffic mostly migrates from the South intersection of Route 83 and 22nd Street to the west. There are 11,000 parking spaces and they spend a lot of time is spent trying to migrate people to the north. During peak holiday season approximately 85-90 percent will be filled VILLAGE OF OAK BROOK Special Planned Development Commission Page 9 of 13 December 11, 2014 Minutes and the vacant area is usually to the northeast. Member Doyle questioned if there would be a marquee on the exterior. Ben Freeman, responded that it would be on the internal side of the fagade, but nothing on the outside. Member Doyle questioned the tenant signage on the north side of the fagade that appeared to be box signs,which was part of the request. Ms. Cassel responded that although box signs are prohibited under the rules there is not a limitation in the Planned Development provisions that would not allow them, which is why they were seeking relief. Member Doyle said that visually in may not be something the village would be comfortable with. Director of Community Development Kallien said that box signs are just an illuminated box and is something the village would not like. Mr. Freeman responded that they would eliminate the box signs from the request. Chairman Davis clarified that the request for box signs would be removed from the requested waivers and variations Member Cappetta questioned outdoor music. Mr. Fleming said that they have set decibels levels at the Village Green area. Should there be restaurants that would use them, they would comply with the same requirements. Vice Chair Tropinski questioned access for fire trucks at building G and asked if the Village had the capacity to handle a fire. Fire Chief Liss responded that he personally reviewed it with the Fire Prevention Bureau and they have a thorough understanding of the design. In the interest of public safety their access and ability to provide a level of care to any incident or issue to develop there, the current level of access would continue to be there in addition to that of the new structure. They have an aerial type of device that has the ability to reach well beyond the height of building as VILLAGE OF OAK BROOK Special Planned Development Commission Page 10 of 13 December 11, 2014 Minutes well as the internal fire suppression systems that are designed within the Center and the new proposal. In addition they are providing additional elevators and entry points from ground level to all levels to accommodate the new structure and provide more than they have today. They are comfortable that they could handle any fire related circumstance. Member Bulin asked if anything would be done regarding adding bike racks. Mr. Fleming responded not yet, but they plan on putting them in on the south and west side and somewhere on the north side. They know their commitment with the pedestrians and bicycles racks are part of that. Member Bulin asked if the reactivation of the 4 existing theaters has anything to do with the planned development. Mr. Fleming responded that it was not part of the application, but is part of the development project. AMC will be activating the 4 theaters around May of 2015 and they will be used while the new theaters are under construction and new movies will be shown there. Once the new theaters are open, they will be converted to an art theater type of venue. Member Bulin added that he thought it was a great project. Chairman Davis went through and reviewed the requirements of the Planned development regulations and he noted that the process was now complete. He noted that the very complicated standards for the planned development were satisfactorily addressed and satisfied as part of the presentation at this public hearing and had been properly addressed on the pages marked E-E.7 of the case file. He noted that he supported the requested project. There were no other comments by the members of the Commission. Motion by Member Doyle, seconded by Member Bulin to approve the proposed planned development for the Oakbrook Shopping Center c/o General Growth Properties to allow the construction of the proposed improvements within the proposed theater and Building G of the Oakbrook Shopping Center as presented, subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans for the Oakbrook Center Theater Planned Development. The approved plans consist of the exhibits and statements submitted by the applicant, subject to the revised and supplementary exhibits and statements included VILLAGE OF OAK BROOK Special Planned Development Commission Page 11 of 13 December 11, 2014 Minutes �t0�. in the case file. The Development as depicted and described in the approved plans include the following: A. Construction of a new building that includes a 12-screen movie theater and structured parking for at least 475 cars; B. Redevelopment and reconfiguration of a portion of "Building G's" top level (M-2) to create a restaurant and casual dining zone as well as an open-air corridor connecting to the new building; C. Pursuant to relief to be documented in the Theater Planned Development Ordinance, operation of uses within the open-air corridor that may occur outside of completely enclosed buildings, including building areas with retractable walls, outdoor dining adjacent to restaurants, outdoor ticket kiosks, and the specialty retail program as defined in Applicant's proposal satisfying the applicable criteria set forth in Section 13-7B-2 of the Village Code, including live entertainment and private events. D. Pursuant to relief to be documented in the Theater Planned Development Ordinance, signage on the new cinema's north, east and west fagades in substantial conformance with the approved sign plans and standards including the supplemental plans for the AMC/IMAX signage. Note that Applicant's prior request for relief regarding box signs was eliminated; E. Pursuant to relief to be documented in the Theater Planned Development Ordinance, development in accordance with the approved Project Schedule as submitted by Applicant; and F. Approval of the Project Schedule and Security Plan Statement as submitted by the applicant; and 2. Include alcohol use as contained in the previous planned development ordinance to include: "Any such license approval shall impose such conditions as are necessary to ensure that the subject portion of the Property where liquor is to be served will be sufficiently fenced, monitored, and otherwise controlled to: (a)prevent customers from removing liquor from the licensed premises; and (b) prevent anyone other than customers or employees of the licensed premises from accessing liquor within the licensed premises." ROLL CALL VOTE Ayes: 6—Members Bulin, Cappetta, Doyle, Sheers, Vice Chair Tropinski and Chairman Davis Absent: 1 —Member Iyer Nays: 0. Motion Carried. VILLAGE OF OAK BROOK Special Planned Development Commission Page 12 of 13 December 11, 2014 Minutes • Mr. Fleming thanked the Commission for its time and consideration. He also noted that it had been a hand in hand project from the beginning and had worked with staff for many months. They have always felt that the Oakbrook Center and the Village have worked hand in hand with one another. Director of Community Development Kallien added for the record that the comments from Jeff Kennedy regarding pedestrian access to the north from the Center, that although it falls outside the boundary of the planned development for the Center, it would be included in the report that goes to the Village Board. 4. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 5. ADJOURNMENT: ADJOURNMENT Motion by Member Bulin, seconded by Member Cappetta to adjourn the meeting at 8:33 p.m. VOICE VOTE: Motion carried I ATTEST: Robert Kallien Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Special Planned Development Commission Page 13 of 13 December 11, 2014 Minutes AMC Oakbrook 12 Exterior Si age # ID Description-Exterior 1 Provide a set of 8'tall UL rated exterior AMC logo face lit channel letters;aluminum 4 fabrication with UL rated GE Tetra red mini max LED lighting and red acrylic faces. 2 Provide a set of 3'tall UL rated exterior IMAX logo face lit channel letters;aluminum 2 fabrication with UL rated GE Tetra blue mini max LED lighting and blue acrylic faces. AMC OAKBROOK 12 EXTERIOR SIGNAGE 60%Design Package November 26,2014 Notes: 1.Design intent drawings only,not for construction 2.All scope shall be by signage contractor unless otherwise indicated 3.Field verification needed for all signage locations Cl NORDSTROM r w� % L �. 220,03n SF M { � -U-EH SED { THE.TER - ., x�: � 11 L7 SS�mmm EL' tr ( l� r SEARS 264,048 SF am t ':. . AMC OAKBROOK 12 SITE PLAN -Signage locations noted In red. AMC Dornestic Development EXTERIOR SIGNAGE 11.26.14 8'-0"H Internally illuminated 3'-0"H Internally Illuminated face—lit AMC Sig nage(276.18 S� face—lit IMAX Signage(46 SF) H _3 I � I, - � I I I I � � '- it `' _ • 'I South Elevation Scale:1/32"=V-0" r lki I SIGN O AMC OAKBROOK 12 SOUTH ELEVATION install internally illuminated AMC signage AMC Domestic Development EXTERIOR SIGNAGE MALL ENTRANCE -Install internally illuminated lMAXsignage 11.26.14 3 8'-0"H Internally Illuminated face—lit AMC Signage(276.18 SD 2 East Elevation Scale:1/32"=1'-0" SIGN AMC OAKBROOK 12 EAST ELEVATION -Install internally illuminated AMC signage AMC Domestic Development A EXTERIOR SIGNAGE `t 11.26.14 8'-0"H Internally illuminated 3'-0"H Internally Illuminated face—lit AMC Signage(276.18 SF) face—lit IMAX Signage(46 SF) ij 0 11111A7C I 3 North Elevation Scale:1/32"=1'-0" �I SIGN AMC OAKBROOK 12 NORTH ELEVATION -install internally Illuminated AMC signage AMC Domestic Development EXTERIOR SIGNAGE -install internally illuminated IMAX signage 5 11.26.14 6'-0"H Internally illuminated face—lit AMC Signage(276.16 SD MEOW i 4West Elevation Scale:1/32"=1'-0" Rnt• SIGN Q AMC OAKBROOK 12 WEST ELEVATION -install Internally Illuminated AMC signage AMC Domestic Development EXTERIOR SIGNAGE t 11.26.14 E; 4� i 32'/" nn • U un ASign Detail 259 SF S-I': Exterior Signage-AMC "AMC"Individual channel letters per artwork by AMC.Letter faces shall match"AMC"red-Pantone 186C. Letter returns to be Matthews paint black finish(#N923). .080 Aluminum backs,.063 Aluminum returns,6"Letter depth,Heliarc welded construction Paint interior of letters with Matthews Paint white finish(#N202). Face-lit illumination with Red GE Tetra LED.Mechanically fastened LED at stop and start of each run and 15"on center of each sign.5 Gelcore LED's per foot. Within letters,rows of L.E.D.modules. Modules are to be 3.5"on center and no less than 2.5"from return. L.E.D.'s to be adhered to aluminum back with 3M V.H.B.tape. L.E.D.'s to be red. Transformers are to be self-contained within each individual letter. Raceways are not an option. 3/16"seamless,when possible,Plexiglass faces to be Acrylite#278-0 Letters to have 1"Jewelite trim caps,matte black Letters to be mounted 3/8"off of surface using non-ferrous spacers and fasteners. Exterior UL Rated One dedicated 120V,10 Amp power circuit required to power sign.Sign weight approximately 800 lbs. • AMC OAKBROOK 12 SIGN DETAIL -8'-0"internally illuminated AMC signage AMC Domestic Development EXTERIOR SIGNAGE 11.26.14 15-2 3/8„ M B Sign Detail 46 SF Exterior Signage-IMAX "IMAX"Individual channel letters per artwork by AMC.Letter faces shall be 3/16"2051 Blue acrylic. Letter returns to be Matthews paint black finish(#N923). .080 Aluminum backs,.063 Aluminum returns,5"Letter depth,Heliarcwelded construction Paint interior of letters with Matthews Paint white finish(#N202). Face-lit illumination with Blue GE Tetra LED.Mechanically fastened LED at stop and start of each run and 15"on center of each sign.5 Gelcore LED's per foot. Within letters,rows of L.E.D.modules. Modules are to be 3.5"on center and no less than 2.5"from return. L.E.D.'s to be adhered to aluminum back with 3M V.H.B.tape. L.E.D.'s to be blue. Transformers are to be remotely mounted. Raceways are not an option. 3/16"seamless,when possible,Plexiglass faces to be 2051 Blue Acrylic Letters to have 1"Jewelite trim caps,matte black Letters to be mounted 3/8"off of surface using non-ferrous spacers and fasteners. Exterior UL Rated • One dedicated 120V,5 Amp power circuit required to power sign.Sign weight approximately 180 lbs. AMC OAKBROOK 12 SIGN DETAIL -3'-0-Internally illuminated I MAX signage AMC Domestic Development EXTERIOR SIGNAGE 11.26.14 A15:9 [UPDATED 12-1.6-20141 PLANNED DEVELOPMENT -SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s) of the site development plan that the departure can be found. 13-11-4-A and-F„ 13-11-7-D,and Code Section 13-11-9-B Relief Sought The TPD Ordinance would permit the Cinema building to have signage in substantial conformance with the specifications described below and following signage plans:(1)Oakbrook 12 Exterior Signage 60%Design Package dated 11-26-2014,consisting of 8 pages(the"11/26 DP");and(2) Schematic Elevation 1 and Schematic Elevation 2,both dated 11-12-2014. RESPONSE: Applicant has worked with the anticipated anchor tenant and professional lighting,signage and architectural consultants to develop the attached signage plans and following signage parameters. The north facade will have three sections. The central section will essentially be the solid, opaque north wall of the cinema structure. The left and right sections will be ornamental metal wings projecting from the central section. These wings will have an open-mesh style that allows light and shadow patterns on the recessed building walls behind. The north facade will have no more than 6 signs(one for the cinema tenant,no more than four other tenant signs,and a sixth sign, denoting IMAX,but only if the theater has IMAX capabilities).As shown in the plans,the anchor(cinema)tenant will be identified towards the top of the left section, with an individual letter sign that is colored (not white) and both internally and externally illuminated. If the theater has IMAX capability, IMAX could be denoted in a sign to the right of the cinema sign. The cinema signs (excluding IMAX references)will not exceed 280 square feet in area,8'in height or 33'in width.The IMAX signs(if any)will not exceed 50 square feet in area, 3' in height or 16' in width. Up to four other tenant signs may be located within the bottom left quarter of the north facade (with exact locations to be identified at point of permitting). None of these other tenant signs will exceed 8'in height or 280 square feet in area. Like the anchor tenant signs,these lower tenant signs may be both internally and externally illuminated. None of the foregoing will box signs. Code Section 13-15-7-C,-D,and-H Relief Sought The CAPD Ordinance would permit the enclosed project schedule,notwithstanding the referenced Code sections. As noted in the enclosed project schedule, Applicant is seeking flexibility for the construction of the new cinema, parking and Building G improvements. In addition to standard scheduling considerations such as development of final architectural and civil plans, weather, and permitting -- flexibility may be particularly necessary for this planned development to accommodate the many existing Building G tenants in the area of reconfiguration,the scheduling needs of the anchor cinema, seasonal activities at the Center,and adjacent anchor stores. As explained in the enclosed project schedule,Applicant is also seeking flexibility for the introduction and periodic modification and discontinuance of the outdoor uses within the Corridor, similar to the flexibility provided in the Common Area Planned Development. [UPDATED 12-16-2014] (To continue,Copy or retype form and attach additional sheets if necessary) PLANNED DEVELOPMENT APPLICATION - IFS D• �. �Zz O*OK CENTER THEATER PLANNED DEENT RES ONSES TO VILLAGE COMMENTS RECEIVED 3 2014 [UPDATED 12-16-20141 _COMMENTS FROM BARRY LISS,FIRE CHIEF,VILLAGE OF OAK BROOK AND RESPONSES 1. Comment: "We would like to know if all the newly proposed elevator locations will also incorporate stairwells." Response:The new garage will include a new stairwell adjacent to the new elevator. The proposed planned development improvements do not include adding new stairwells adjacent to the existing two elevators in.Building "G". 2. Comment: "We want to be assured that all newly installed elevators are sized adequately to accommodate patient stretchers." Response:This is tare. 3. Comment: "We want to be assured that the required fire protection systems will be installed throughout,including the parking deck structure,pursuant to code." Response:This is true. 4. Comment: "We want to be assured that adequate fire department standpipe connections will be installed throughout,pursuant to code." Response:This is true. 5. Comment: "We want to be assured that the inner circle roadway access remains as it currently exists." Response:This is true, except we are adding 2 new hammerhead turnarounds for improved firefighting vehicular access.. 6. Comment: "During construction, we want to receive continual updates related to any deviation or intermittent closure of existing emergency street access, or placing any installed protection systems out of service." Response:Agreed. 7. Comment: "We want to know if the new structure will have its own independent fire pump, sprinkler system, connections and/or valving." Response.This is true. 8. Comment: "We want to be assured that all existing and any newly created fire lanes are properly designated and marked per code." Response:This is true, including the two new hammerhead turnarounds. 9. Comment: "Question,will the new structure and subsequent parking decks incorporate emergency call stations?" Response: Yes. COMMENTS FROM JAMES R.KRUGER,CHIEF OF POLICE,VILLAGE OF OAK BROOK AND RESPONSES 1. Comment: "...a facility of this type should have an emergency plan on file with the Police Department." Response: Agreed. 2. Comment: "We also would stress that our personnel be part of the implementation and that our personnel be granted access for after hour training in the facility." Response: Agreed. 3. Comment: "We would highly recommend that GGP continue to implement their video surveillance upgrades and make them part of this project. We would request these camera views include not only the gathering points,but also the parking structure as well." Response:As noted, Applicant is working on a CCTV video surveillance plan for all of Oakbrook Center, including its parking structures. This plan will certainly cover all of the improvements within the new planned development (including the new parking structure), but we don't knowyet which element will be completed first--the planned development or the new video surveillance program. 4. Comment: "...we would also recommend that we give input as to emergency responder access into theaters as well as response and evacuation plans." Response: Agreed. 5. Comment: " [we would also recommend]...the traffic timing of signals on 16th Street and Spring Road be examined to insure queuing time does not exceed the number of vehicles that may be stored which may inhibit Ring Road traffic. Response: Applicant agrees that further study may be warranted after the theater is operational. 6. Comment: "As another recommendation, with the reopening of the former theater sight, we would also suggest that lighting and signage in the Orange garage be examined for possible improvements.There has been a desire from the Police Department for several years that there be parking locator signage installed in the existing garages to assist shoppers who cannot find their vehicle." Response:Agreed. Applicant is currenty exploring this type ofprogram. COMMENTS FROM MIKE HULLIHAN P.E.,VILLAGE ENGINEER,VILLAGE OF OAK BROOK AND RESPONSES 1. Comment: "While not a requirement for moving forward with the project in question, the Center management should consider adding an additional left turn lane as the study suggests." Response:Applicant agrees that further study concerning a possible left turn lane may be warranted after the theater is operational. 2. Comment: "Engineering/Public Works has provided the Civil Engineering consultant engaged by [Applicant] with a suggested alignment for the water main which will.service the modified structure. This alignment will insure that the main is clear of the structure." Response:Applicant will work with Engineering/Public Works during the permitting and final engineering phases on the water main alignment with the two goals of (i)avoiding, to the extent possible, construction of public water main improvements beneath new building areas;and(ii)limiting construction of water main improvements to lands owned by Applicant. [UPDATED 12-16-2014] CHICAGO/#2651914.1 t3, VILLAGE OF OAK BROOK Planned Development Commission STAFF REPORT DATE: December 5, 2014 CASE FILE NO: 2014-09-ZO-PUD DESCRIPTION: Construct a new building north of the existing "Building G" and reconfigure a portion of "Building G" to accommodate; a 12 screen luxury movie theater, structured parking for at least 475 cars and additional space for new restaurants. PETITIONER: Oakbrook Shopping Center, LLC c/o General Growth Properties 110 N. Wacker Drive Chicago, IL 60606 LOCATION: Northeast corner of Route 83 (Kingery Highway) and 22nd Street ADDRESS: 100 Oakbrook Center(Management Office) ACREAGE: Approximately 130 acres; area of PD is approximately 4.2 acres or 3.23 percent of the property. EXISTING ZONING/USE: B-2 Regional Shopping Center District. ZONING/USE OF SURROUNDING PROPERTY: North: B-2 Regional Shopping Center District, Oakbrook Center — retail uses and surface/structured parking. South: B-2 Regional Shopping Center District, Oakbrook Center — retail, and restaurant uses. East: B-2 Regional Shopping Center District, Oakbrook Center — retail, restaurant, hotel, surface/structured parking and office uses. West: B-2 Regional Shopping Center District, Oakbrook Center—retail uses. I DISCUSSION: Oakbrook Shopping Center, LLC, (as owner and applicant) has submitted an application seeking approval of the Theater Planned Development to accommodate the construction of a new building to accommodate new movie theaters, structured parking and restaurants. These improvements are the next step in GGP's multi-year program to renew and renovate Oakbrook Center. They provided a presentation of the proposed development before the President and Board of Trustees on October 14, 2014 and the request was well received, pending a thorough review and recommendation before the Planned Development Commission. Specifically,this planned development will include the following elements: STAFF REPORT—PLANNED DEVELOPMENT OAKBROOK SHOPPING CENTER,LLC CAsE No.2014-09-ZO-PD 1. Constructing a 12-screen luxury movie theater; 2. Adding structured parking for approximately 475-500 cars; and 3. Redeveloping/reconfiguring a portion of"Building G's" top level M-2 to create a restaurant and casual dining zone. The new planned improvements will have limited visibility from a majority of the properties outside of Oakbrook Center due existing buildings, perimeter landscaping, and topography. The architecture of the planned improvements will be consistent to the existing building facades. Waivers and Variations: A requirement of the Planned Development process is for the applicant to provide a list of waivers and variations that are needed in order to obtain approval and to construct the desired project(see page C of the case file). The following summarizes each of the waivers and variations being requested. • Section 13-7-3B: waiver to permit the property's open-air corridor as depicted in the attached site plans to have uses occurring outside a completely enclosed building, including buildings with retractable walls, adjacent outdoor dining, outdoor ticket kiosks, the specialty retail program as defined by this request and entertainment uses. • Section 13-7B-1 and 2: to allow the corridor as depicted in the attached site plans to have, as permitted uses, outdoor dining, markets, live entertainment and specialty retail satisfying the applicable criteria set forth in Section 13- 7B-2. i • Sections 13-11-4, 13-11-7 and 13-11-9-B: to permit the proposed Cinema's north, east and west facades to have signage substantially consistent with the enclosed sign plans and standards as detailed by this request. • Sections 13-15-7-C, D and H: to permit the proposed project schedule. Theater Planned Development project exhibits (All are included in the "Oakbrook Center Theater Planned Development Exhibit dated November 12, 2014 (See Index-page M of the case file unless noted otherwise): 1. The plan area is depicted on location overview map (see OC-TPD pages 2 and 3) 2. The plan area depicting existing conditions (see OC-TPD pages 4-7) 3. Level P1 Diagram (see OC-TPD page 8) 4. Level P2A Diagram(see OC-TPD page 9) 5. Level P3 and M1 Diagram(see OC-TPD page 10) 6. Level M2 Diagram(see OC-TPD page 11) 7. Theater imagery of interior build-out(see OC-TPD page 12) 2 //Q STAFF REPORT-PLANNED DEVELOPMENT OAKBROOK SHOPPING CENTER,LLC CASE No.2014-09-ZO-PD 8. Elevation Perspective (see OC-TPD page 13) 9. Section Diagram(see OC-TPD page 14) 10. Schematic elevations and Perspective (see OC-TPD pages 15-17) 11. Existing site plan(see OC-TPD page 18) 12. Parking deck site plan(see OC-TPD page 19) 13. Parking deck planting details (see OC-TPD page 20) 14. Exterior Facades/Lighting Details (see OC-TPD pages 21-26) 15. Parking ratio exhibit(see OC-TPD page 27) 16. Floor Plans P 1 A and P2A (see OC-TPD page 28) 17. Floor Plans P3 and M2 (see OC-TPD page 29) 18. Drainage Exhibit(see OC-TPD page 30) 19. Pervious Area Exhibit(see OC-TPD page 31) 20. Utility Exhibit(see OC-TPD page 32) 21. Photometric Exhibit(see OC-TPD page 33) 22. Location of Planned Development Area in Mall (see OC-TPD page 34) 23. Project Schedule and Security Plan Statement(see case file page F) 24. Theater Planned Development Traffic Impact Study(see case file page N) 25. Reciprocal Easement Agreement(See case file page O) Please see the materials provided by the petitioner in the case file for a more detailed description and the rationale for the requested approval of the proposed Oakbrook Center Theater Planned Development. STAFF COMMENTS: As part of the staff review, the following questions and comments should be considered as part of your review and deliberations on this request. 1. Planned Development Project. Oakbrook Center is a key landmark for our community bringing millions of visitors to Oak Brook making it our single largest sales tax payer. The proposed improvements to add entertainment, parking and restaurant uses compliment the Center's ongoing effort to revitalize both the external and internal areas of the Center. Instead of processing this case with multiple requests for special uses and variations, the planned development submittal can incorporate all of those issues into a single request that can be reviewed and evaluated as a unified development project. 3 //.b, STAFF REPORT—PLANNED DEVELOPMENT OAKBROOK SHOPPING CENTER,LLC CASE No.2014-09-ZO-PD 2. Consistency with the Planned Development Regulations. The applicant has addressed each of the application requirements (Section 13-15-6 —pages G-G.3 of the case file) for a planned development in the case file. A summary of those requirements are as follows: a. Contact information—provided. b. Owner authorization—provided. C. Survey w/legal description—provided. d. Statement of compliance—provided. e. Scaled site plan—provided. f. Schematic drawings of improvements—provided. g. Landscape plan—provided. h. Existing covenants/easements—provided. i. Development schedule—provided. j. Professional traffic report—provided. k. Professional EIS (Environmental Impact Study)—Per staff review, a photometric analysis was recommended by Staff and is provided. 1. Economic analysis—provided as part of overall TPD application. m. Copies of EIS—Not required. n. Demands on Village services — Village Departments (i.e., Fire, Police, Public Works and Community Development) have reviewed the request and existing facilities can handle anticipated demands on Village services. o. Utility improvements—provided. p. Drainage/stormwater—provided. q. Photometrics—provided. r. Summary of Resident comments — meeting with the Oak Brook Club residents was held on November 18, 2014. Written comments of that meeting are on page K.2—K.3 of the case file. S. Building/Property safety—security statement is provided. 3. Planned Development Standards. The applicant has addressed and responded in detail to the Planned Development Standards as required in Section 13-15-3 of the Regulations (see case file pages E-E.7). 4. Consistency with Commercial Revitalization Planning Program. The proposed Oakbrook Center common area planned development is consistent 4 //.G STAFF REPORT—PLANNED DEVELOPMENT OAKBROOK SHOPPING CENTER,LLC CASE No.2014-09-ZO-PD with the goals and objectives of the Village's Commercial Revitalization Plan to "grow" the Village's retail tax base with high quality uses. The proposed common area plan compliments the existing uses found at the Oakbrook Center and may spur additional commercial development and redevelopment in the area over time. 5. Waivers and Variations. The applicant is seeking several waivers and variations from the Zoning Ordinance in order to obtain approval and construct the proposed common area improvements (see case file pages D- D.1). 6. Public, Health Safety and Welfare. There is no evidence presented in the application that the project would have a negative effect on the public health safety or welfare to the community, the surrounding property owners, or future patrons using Oakbrook Center. 7. Village of Oak Brook - Engineering. Initial comments are provided. Department will be represented at the PD Commission Meeting. 8. Village of Oak Brook - Fire Dept. Initial comments are provided. Department will be represented at the PD Commission Meeting. 9. Village of Oak Brook — Police Department. Initial comments are provided. Department will be represented at the PD Commission Meeting. RESPONSIBILITIES OF HEARING BODY: As part of the Planned Development Regulations, the Planned Development Commission shall review the application, the standards and requirements, the report of the community development director, and any oral and written comments and testimony received by the Planned Development Commission before and at the public hearing. The Planned Development Commission shall recommend approval, approval with conditions, or denial of the proposed planned development. Every recommendation of the Commission upon any application filed pursuant to the Planned Development Regulations shall include such findings of fact and conclusions as the Commission shall deem necessary. The resolutions shall generally refer to the evidence in the record and to the exhibits, plans, or specifications upon which the recommendation is based. The resolution shall generally specify the reason or reasons for the recommendation and shall contain a conclusion or statement separate from the findings setting forth the recommendation of the commission. Every resolution shall expressly set forth any limitations or conditions recommended by the commission. In order to make a recommendation to approve (with or without conditions) or a recommendation to deny a proposed planned development or an amendment to an existing planned development, the affirmative vote of a majority of all members of the commission then holding office shall be required. e r STAFF REPORT—PLANNED DEVELOPMENT OAKBROOK SHOPPING CENTER,LLC CASE No.2014-09-ZO-PD Please include in your consideration, findings with respect to the standards specified in the Planned Development Regulations for approval of the planned development. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: Based on the information provided by the Applicant and Staff, if it is the opinion of the Planned Development Commission that the applicant has satisfied the applicable Ordinance requirements and factors for a Planned Development, a recommendation would be in order to approve this request subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans for the Oakbrook Center common area project including: A. construction of a 12-screen theater; B. construction of structured parking for at least 475 cars; C. redeveloping/reconfiguring a portion of`Building G's"top level M-2 to create a restaurant and casual dining zone; D. constructing an open-air corridor as depicted in the attached site plans to have uses occurring outside a completely enclosed building, including buildings with retractable walls, adjacent outdoor dining, outdoor ticket kiosks, the specialty retail program as defined by this request and entertainment uses; and E. permitting the corridor as depicted in the attached site plans to have, as permitted uses, outdoor dining, markets, live entertainment and specialty retail satisfying the applicable criteria set forth in Section 13- 7B-2 of the Village Code. F. permitting the proposed Cinema's north, east and west fagades to have signage substantially consistent with the enclosed sign plans and standards as detailed by this request. G. approval of the Project Schedule and Security Plan Statement 2. Other conditions relevant to the request. Respectfully Submitted, Robert L. Kallie r., AICP Director of C unity velopment 6 A e, e o� G y 00 O uwTt VILLAGE OF OAK BROOK Interoffice Memorandum DATE: December 3, 2014 TO: Bob Kallien, Director of Community Development FROM: Mike Hullihan P.E., Village Engineer SUBJECT: Oakbrook Center Plan Review Engineering Department has reviewed the subject plan with regards to traffic impacts, stormwater impacts, and water utilities and offers the following comments: Traffic: The traffic study performed by Transystems dated November 13,2014 accurately depicts the impacts of the proposed project. The only negative impact is a slight exacerbation of the existing traffic queuing at the Hodges Road/]L-83 intersection. While not a requirement for moving forward with the project in question,the Center management should consider adding an additional left turn lane as the study suggests. This initiative will require coordination with the Illinois Department of Transportation(IDOT). Water Main Relocation: Engineering/Public Works has provided the Civil Engineering consultant engaged by General Growth Properties with a suggested alignment for the water main which will service the modified structure. This alignment will insure that the main is clear of the structure. Stormwater Management: As there are no increases to the impervious areas or location of discharge, there are no stormwater management issues. /v. . i Gail Polanek • • From: Robert Kallien Sent: Wednesday, December 03, 2014 1:54 PM To: Gail Polanek Subject: FW: OBC Theater Project Comments From: Barry Liss Sent:Tuesday, December 02, 2014 4:09 PM To: Robert Kallien Subject: OBC Theater Project Comments Bob: Some thoughts and considerations from fire, as it relates to the OBC project. • We would like to know if all the newly proposed elevator locations will also incorporate stairwells. • We want to be assured that all newly installed elevators are sized adequately to accommodate patient stretchers. • We want to be assured that the required fire protection systems will be installed throughout, including the parking deck structure, pursuant to code. • We want to be assured that adequate fire department standpipe connections will be installed throughout, pursuant to code. • We want to be assured that the inner circle roadway access remains as it currently exists. • During construction,we want to receive continual updates related to any deviation or intermittent closure of existing emergency street access,or placing any installed protection systems out of service. • We want to know if the new structure will have its own independent fire pump,sprinkler system,connections and/or valving. • We want to be assured that all existing and any newly created fire lanes are properly designated and marked per code. Question,will the new structure and subsequent parking decks incorporate emergency call stations? That is all for now. Thank You Barry Liss Barry Liss Fire Chief Village of Oak Brook 1200 Oak Brook Rd Oak Brook, IL 60523 Phone: 630-368-5204 "Fax: 630-368-5205 Email: bliss0oak-brook.oro Web: www.oak-brook.org Follow us: MAN This electronic message and any attached flies contain Information Intended for the exclusive use of the Indlvldual(s)or entity to whom it is addressed and may contain Information that Is proprietary,confidential and/or exempt from disclosure under applicable law, including protected health information (PHI).If you are not the Intended recipient or the employee or agent,you are hereby notified that any viewing,copying,disclosure or distribution of the Information may be subject to legal restriction or sanction and Is strictly prohibited.If you have received this communication In error,please notify the sender by return electronic message or telephone,and destroy the original message without making any copies. unless otherwise stated,any opinions expressed in this electronic message are those of the author and are not endorsed by the Village. 1 a LICE 0 a MEMORANDUM IL • TO: Robert Kallien, Director of Community Development FROM: James R. Kruger, Chief of Police DATE: December 2, 2014 SUBJECT: OBC Planned Development of Movie Theater The Police Department staff has reviewed the application by General Growth Properties to construct a multi- screen movie theater and multi-level parking garage. Our review focused on the two major concerns, the impact on traffic and potential crime. Upon review of the information provided in the traffic study, the queuing issue at the south OBC exit onto Route 83 was identified as a potential concern. We know currently that the stacking that occurs for W/B turning SB is not adequate and that traffic at times will block Ring Road due to the number of vehicles waiting to turn onto Route 83. Any development that would add to that problem should consider countermeasures to lessen the impact to that location. However, we also believe that this project will not add a considerable amount of traffic to that location. The report states that 10% of the traffic for the theater will generate intra-property trips; this would mean that 90% of the traffic would be destination based for the movie theater. It is far more likely that any traffic going directly to the theater would use the new parking structure and utilize the 16th Street or Spring Road entrances. Across the country communities report that the two most likely crimes occurring around movie theaters are burglary to motor vehicle and auto theft. This is due primarily in the fact that criminals know that vehicles will be parked for a two hour period while the operator is viewing the movie. As we know, OBC is a destination shopping center and not a convenience center. It is reported that average patrons stay within the center for approximately 106 minutes, much longer than the average shopping center which is closer to 50 minutes. Motor vehicle burglaries on OBC property reported to the Oak Brook Police Department for 2013 were 20 and 9 in 2014 so far. The number of auto thefts were 3 in 2013 and 2 in 2014 to date. We would therefore expect that the same ratio of burglaries would occur with the additional vehicles parked, and not be appreciably different due to this use. The second area of concern of crime is any type of crimes against persons. While the events of Aurora, Colorado July 2012 are by far an exception and very remote; a facility of this type should have an emergency plan on file with the Police Department. We also would stress that our personnel be part of the implementation and that our personnel be granted access for after hour training in the facility. We do not anticipate any violent crime or undesirable elements being attracted to this facility. The location and inability to drive up to the front door and escape will inhibit much of the threat. The price point of the theater will also help to deter crime. There will be some chance for crimes of opportunity with a concentration of people in a confined space such as pickpockets and purse snatching. There is also a chance for domestic related crimes to occur, but not in any appreciable numbers than in any other area of the center. We would highly recommend tl*GP continue to implement their viosurveillance upgrades and make them part of this project. We would request these camera views include not only the gathering points, but also the parking structure as well. Secondly, we would also recommend that we give input as to emergency responder access into theaters as well as response and evacuation plans. Thirdly, the traffic timing of signals on 16th Street and Spring Road be examined to insure queuing time does not exceed the number of vehicles that may be stored which may inhibit Ring Road traffic. As another recommendation, with the reopening of the former theater sight, we would also suggest that lighting and signage in the Orange garage be examined for possible improvements. There has been a desire from the Police Department for several years that there be parking locator signage installed in the existing garages to assist shoppers who cannot find their vehicle. With those concerns in mind, the Police Department highly recommends this new initiative and looks forward to this project coming to fruition in our community. i I O • PUBLIC NOTICE ' NOTICE IS HEREBY GIVEN that e public hearing befor • • the Planned Development Commission of the Village re of Oak Brook, DuPage and Cook Counties, Illinois,will be held on Thursday, December 11,2014 at 7:00 p.m. in the Samuel E. Dean Board Room of the Butler Government CERTIFICATE OF PUBLICATION Center,Village of Oak Brook,1200 Oak Brook Road,Oak Brook,Illinois 60523 for the purpose of considering the ap- plication from Oakbrook Shopping Center,LLC,c/o Gen- eral Growth Properties,100 North Wacker Drive,Chicago, Paddock Publications Inc. I L 60606-0000. 7 Oakbrook Shopping Center,LLC("Petitioner") seeking Herald a planned development as provided for under Chapter 15 of Title 13,the Zoning Ordinance of the Village of Oak Brook, Illinois,Ordinance G•60 as amended. The Petitioner has submitted an application,case number 2014-09-ZO-PUD,seeking approval of a planned develop- ment as described below. Protect Background: Petitioner has been engaged In a multi-year, multi-million dollar effort to Improve amen- Corporation organized and existing under and by virtue of the laws of ities at Oakbrook Center. The first components have in- cluded extensive redevelopment of landscaping, walk- the State of Illinois,DOES HEREBY CERTIFY that it is the publisher ways,lighting,seating,water features,climate-controlled, glass pavilions,new outdoor dining and seating areas,spe- of the DAILY HERALD. That said DAILY HERALD is a secular cialty retail activities and the new"Village Green"movie screen. newspaper and has been circulated daily in the Village(s)of Project Description: Petitioner has applied to the Village next ttwo elements Development comm approval n rea renewal program: Addison,Bensenville,Bloomingdale, Carol Stream,Glendale Heights, next two elements of the common area renewal program: (1)a luxury 12-screen cinema,including new parking facil- ities;and(2)reconfiguration of some adjacent store areas Glen Ellyn,Itasca,Keeneyville, Lisle, Lombard,Medinah,Naperville, within"Building G,"so that the new cinema building is vis- ually and functionally integrated with the Center via an Oak Brook,Oakbrook Terrace,Roselle,Villa Park,Warrenville, open-air corridor with comparable amenities to the Cen- ter's other common areas. In accordance with the zoning regulations,as part of the Planned development,the Peti- West Chicago, Wheaton,Winfield, Wood Dale,Aurora,Elmhurst tioner has requested modifications and departures from the standard Zoning provisions. All persons desiring to be heard will be afforded an oppor- tunity to do so and may submit their statements orally or in writing or both.The hearing may be recessed to another date if notice of time and place thereof is publicly an- nounced at the hearing or is given by newspaper publica- tion not less than five(5)days prior to the date of the re- cessed hearing. The subject property is located within the Oakbrook Shop- ping Center In Oak Brook,Illinois and the boundaries of the Oakbrook Center Proposed Theater Planned Development (the legal description)are as follows: Situated on Illinois State Route'83',in the Village of Oak Brook,DuPage County,Illinois Lands being a part of Lot 5 of Oakbrook Terrace,being a subdivision of part of Section 23,Township 39 North,Range 11 East of the 3rd Principal Meridian,DuPage County,Illi- nois,bounded and described as follows: Commencing at the Northeast corner of Lot 5 of Oakbrook Terrace;thence South 01'05'38'West along the East line of said Lot 5 a distance of 674.01 feet to a point;thence North 88°54'22'West 66.42 feet to a point;thence South 51 134'24' West along the Southeasterly line of Lot 1 in Nordstrom As- sessment Plat and its extension 264.08 feet to the Southerly most Corner of said Lot 1; thence North 38°25'36' West along the Southwesterly Line of said Lot 217.60 feet to the Point of beginning of lands to be described;thence South 51°34'56'West 56.93 feet to a point;thence South 15°55'04' County(ies)of DuPage East 32.13 feet too point;thence South 51'34'56'West 301.98 feet to a point;thence South 68°20'31'West 50.65 feet to a and State of Illinois,continuously for more than one year prior to the point; thence South 55°44'21' West 33.02 feet to a point; thence South 4f Oaks'West Terrace;feet e a point in Easterly date of the first publication of the notice hereinafter referred to and is of line of Lot 6 of Oakbrook Terrace;Thence North 38°25'04' I� nersoalong Lot 7 ofdOakbrooklTerrace;thence Northh51°34'56 general circulation throughout said Village(s),County(ies)and State. East along the Easterly line of said Lot 350.03 feet to the Easterly corner of said Lot;thence North 01°05'31' East along said easterly line 221.45 feet to a point in the exten- sion of the Southwesterly lineof Lot 1 of Nordstrom Assess- I further certify that the DAILY HERALD is a newspaper as defined in ment Plat;thence South 38'25'36' East along said South- 4. beginning,containing 183,245 square feet or 4.2067 Acres. westerly line and its extension 496.61 feet the point of an Act to revise the law in relation to notices" as amended in 1992 The ts,will be o file with including iretoall supporting omm i dace- Illinois Compiled Statutes, Chapter 7150,Act 5, Section 1 and 5.That a vel0P will be s file with the Director of Community De- velopment.Persons wishing To examine the petition docu- ments may arrange To do so with the Community notice of which the annexed printed slip is a true copy,was published Development Department,Village of Oak Brook,1200 Oak Brook Road,Oak Brook,IL 60523,telephone 630-368-5103. November 21,2014 in said DAILY HERALD. In accord with the provisions of the American with Disabil- ities Act,any individual who is in need of a reasonable ac- commodation in order to participate in or benefit from at- tendance this pubic meeting should contact the IN WITNESS WHEREOF,the undersigned, the said PADDOCK Village s AD A Coordinator,at 630-368-5022 as soon as pos- sible before the meeting date. Charlotte Pruss,Village Clerk PUBLICATIONS, Inc.,has caused this certificate to be signed by,this Published at the direction of the Corporate Authorities and the Planned Development Commission of the Village of authorized agent,at Arlington Heights, Illinois. Oak Brook,DuPage and Cook Counties,Illinois. Published in Daily Herald November 21,2014(4391642) PADDOCK PUBLICATIONS,INC. DAILY HERALD NEWSPAPERS BY N/�" Authorized Agent Control#4391642 • • participating. President Lalmalani announced that the police and fire departments held a successful charity pancake breakfast fundraiser on Oct. 4t'. Approximately 250 people attended raising a little over $2,700 to benefit 4 charities: the Law Enforcement Torch Run Special Olympics, Ronald McDonald House Charities, Make a Wish Foundation and the Illinois Fire Safety Alliance. He thanked Chiefs Kruger and Liss, McDonalds Corporation, Gibson's, Corner Bakery and the Doubletree Hotel for their sponsorship. --� A. Oakbrook Center Expansion Project Presentation by Chuck Fleming, Danielle Cassel, and Ben Freeman Chuck Fleming from the Oakbrook Shopping Center gave a brief overview of the shopping center expansions, revitalization, and renovations. He presented to the Board a request for a 12 screen luxury theater on Oakbrook Center property. He also discussed the impact the theater will have on parking,traffic,utilities, and services. Trustee Baar stated that the theater is tremendous development and that he is very excited about it. Trustee Moy stated that he is very impressed with the proposed plan. Trustee Wolin asked if there is a big demand for movie theaters. Chuck Fleming stated yes and that the proposed theater is a high end theater with luxury seats and meals. Trustee Manzo asked about security and traffic patterns. Chuck Fleming stated that these items will be discussed in more detail in the near future. Trustee Yusuf thanked Chuck Fleming and stated that he is also very excited about the proposed theater. B. ComEd Smart Meters Presentation by George Gaulrapp Representatives from ComEd gave a brief update regarding the smart meter installation in Oak Brook and new a savings program available to residents with smart meters. Discussion ensued regarding the pros and cons of the smart meter program and reasons why residents refuse to participate in the program. C. DuPage Convention&Visitors Bureau Presentation by Beth Marchetti Beth Marchetti from the DuPage Convention&Visitors Bureau gave a brief presentation which included the following: • Bureau History VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF OCTOBER 14,2014 �7 . PGA 0 Oqte� v O v O G y r0 ti 9�F COUNT�I,��. AGENDA ITEM Board of Trustees Meeting of October 14, 2014 SUBJECT: Oakbrook Center Expansion Project—Planned Development Process—Preliminary Board Review FROM: Robert L. Kallien, Jr., AICP, Community Development Director RECOMMENDED MOTION: Provide comments to the applicant. Background—Planned Development Process: The first step in the planned development process is for the applicant to appear before the Village Board for a preliminary review, with the purpose to acquaint the Board with the applicant's proposal and to provide the applicant with a preliminary review and to address any concerns. Project Overview: Over the past several months, Village Staff has been in discussion with representatives from Oakbrook Shopping Center, LLC and General Growth Partners (GGP) about the possible building/parking deck expansion project and improvements within the property. Representatives of the Oakbrook Shopping Center LLC project team will be present at the October 14,2014 meeting to make a formal presentation. Recommendation: Provide comments to the applicant. JAI-FROM BOB\Bot-PC-ZBA\BOT-Oakbrook Center-Village Board Review-Discussion-Initiate PD Process-Oct 2014.doc Sterling Cochhers, Inc. 13-7-3: SCOPE: A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved specialty retail programs in outdoor areas of a shopping center in districts where permitted as a special use. �,�.. B. All business, service, storage, merchandise, display and where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for: 1. Off street automobile parking, off street loading, and open sales lots and drive-in facilities in districts where they are permitted; 2. Outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; 3. Approved specialty retail programs in outdoor areas of a shopping center in districts where permitted as a special use; 4. Outdoor sales events on a property in any business district provided that all of the following conditions are met: a. Such event shall be of a limited duration (14 days or less per event) occurring no more than two (2) times in any calendar year; and b. Such event is held in a temporary enclosure that received all required permits from the village; and c. Such event offers for sale only items that are normally sold inside the building in conformity with the principal use of the subject property; and d. Such event conforms to all signage and setback requirements of the underlying zoning district; and e. The property complies with all parking requirements of the underlying district, or, in the alternative, the petitioner reasonably demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and f. Such event is approved by the village board of trustees upon petition or request from the property owner detailing prospective compliance with the conditions herein; and 5. Farmers' markets and/or French markets involving the sale of flowers, culinary accessories and edible items for consumption off the premises where the sale is made in districts where permitted as a special use. http://www.sterlingcodifiers.com/codebook/printnow.php i Nterimg Locutiers,Inc. • 13-713-1: PERMITTED USES: Accessory uses and structures, including storage and service areas within the structures, garages for delivery trucks, central heating and air conditioning plants, and storage areas, yards, shops and similar facilities that are used solely for operating, servicing or maintaining the activities and improvements within the District. Accessory uses and structures shall also include dwellings occupied by watchmen, janitors, maintenance and similar employees engaged upon the premises; but no dwellings shall be erected for any other purposes. Art galleries. Automobile service stations. Banks and other financial institutions. Barbershops and beauty parlors. Bus depots and cab stands. Candy, ice cream and bakery shops or shops selling similar commodities, where the commodities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated by the producing company. Drugstores. Electric distribution centers and substations. Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use. Gas regulator stations. Hospitals, having not more than ten (10) beds and first-aid stations for the treatment of emergency cases. Hotels. Interior decorating shops. Job printing shops. Laundries, dyeing and cleaning establishments, operated as an accessory use to some other use or uses permitted by this Section, provided permits for the use of combustible and flammable materials, if to be used, are obtained from the Board of Trustees. Laundries, self-service, and shops for the collection and distribution of laundry and dry cleaning articles. http://www.sterlingcodifiers.com/codebook/printnow.php Sterling Codifiers, Inc. Messenger and telephone service stations. Offices. Pet shops. Photographer, artist or similar studios. Post offices. Printing plants, newspaper, magazine and similar publications. Public garages, including new and used car sales rooms, provided that no cars shall be sold or stored unless enclosed within a building. Radio and television broadcasting stations. Restaurants, cocktail lounges and tearooms. Retail stores and shops, including department stores. Sales and display rooms. Schools, commercial: business, trade, music and dance. Service, cleaning and repair shops, for personal, household or garden equipment. Tailor or dressmaking shops. Theaters, except open air drive-in establishments. (Ord. G-60, 3-22-1966) 13-713-2: SPECIAL USES: Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks. Community centers. Daycare center, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department. Drive-in banking facility. Farmers' markets and/or French markets involving the sale of flowers, culinary accessories and edible items for consumption off the premises where the sale is made provided that the http://www.sterlingcodifiers.com/codebook/printnow.php 3-a. Sterling Coditiers, Inc. following conditions are met: A. Sale of used or preowned items is not permitted. B. Farmers' market and/or French market may be conducted no more than one day per week on any property zoned for business purposes. C. All signage and setback requirements of the underlying zoning district must be met. D. The property on which the farmers' market and/or French market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and E. The farmers' market and/or French market is approved by the department of community development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. Outdoor dining areas adjacent to restaurants and specialty retail programs. Public utility, governmental service, and transportation uses: Bus turnarounds and passenger shelters. Fire and police stations. Sewage and stormwater lift stations. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Specialty retail programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: a) all aspects of the operation and sales meet the applicable requirements of the DuPage County health department; and b) specialty retail program facilities have appropriate utilities provided, are not convenient to drive-up businesses, and do not materially interfere with access to or visibility of other establishments within the shopping center. (Ord. G-60, 3-22-1966; Ord. S-230, 7-13-1971; Ord. G-454, 10-9-1990; Ord. G-514, 7-13-1993; Ord. G-572, 6-11-1996; Ord. G-721, 6-10-2003; Ord. G-915, 1-12- 2010) http://www.sterlingcodifiers.com/codebook/printnow.php _J• /�j. aterimg c;oairners,inc. Yage 1 of x • 13-11-4: GENERAL STANDARDS: The following general standards shall apply to all signs: A. Illumination: 1. Location And Design Of Light Source: Whenever an external artificial light source is used for a sign, such source shall be located, shielded and directed so as not to be directly visible from any public street or private residence. No receptacle or device housing a permitted light source for a sign shall protrude more than twelve inches (12") from the face of the sign or building to which it is attached; provided, however, that a receptacle or device housing a permitted light source for a sign may be located more than twelve inches (12") from the face of the sign if such light source is ground mounted, locked in place, and cannot be redirected. 2. Level Of Illumination: In no event shall the illumination of any sign, resulting from any internal or external artificial light source, exceed one hundred seventy five (175) foot- candles when measured with a standard light meter held perpendicular to the sign face at a distance equal to the narrowest dimension of such sign face. All artificial illumination shall be so designed, located, shielded, and directed as to prevent the casting of glare or direct light upon adjacent property or streets. Illumination resulting from any internal or external artificial light source shall not exceed 0.5 foot-candle as measured at the property line of the subject property. 3. Flashing Lights Prohibited: Except for public service signs when expressly permitted by this section, no flashing, blinking or intermittent lights shall be permitted. 4. Light Fixtures: Light fixtures placed along the base of the sign shall be screened from view by site grading or evergreen shrubs. No unscreened light sources are permitted. Temporary holiday displays, which contain lights, are exempt from these provisions. 5. External Illumination: External illumination shall be provided by a white, steady, stationary light of reasonable intensity, directed solely at the sign and shielded or otherwise prevented from shining directly onto adjacent properties or rights of way. 6. Internal Illumination: Internal illumination shall be provided by interior white lighting of reasonable intensity with primary and secondary images lit or silhouetted (i.e., backlit) on an opaque background. The background of all signs must be opaque. No additional background lighting or illuminated borders or outlines shall be permitted. 7. Additional Lighting Standards: The following are additional lighting standards for specific sign types: a. Signs Without Permits: Signs permitted pursuant to section 13-11-6 of this chapter shall be illuminated only as permitted in that section. http://www.sterlingcodifiers.com/codebook/printnow.php Sterling Coditiers,lnc. Yage L of Z5 is • b. Awning And Canopy Signs: Awning and canopy signs shall be illuminated using a direct light source. Direct illumination shall be aimed at the exterior of the awning/canopy, not the underside. c. Monument Signs: Monument signs shall be backlit, directly lit, or internally illuminated. All letters must be individually affixed. Any direct light source shall be concealed from view from the right of way. d. Wall Signs: Letters shall be individually affixed to walls of a building and may be either internally illuminated or backlit. B. Landscaping: The base of all permanent ground signs shall be effectively landscaped to conceal the base from public view and maintained in good condition at all times. The minimum landscaped area shall extend at least three feet (3') beyond all sign faces or supporting structures in all directions. Exposed foundations must be constructed with a finished material such as brick, stone, or wood. Landscaping must be maintained in a manner that prevents the screening or blocking of addresses and other information provided on the monument sign. C. Electrical Elements: All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of this code. No metal sign illuminated by any means requiring internal wiring and no electrical fixtures attached to any sign shall be lower than nine feet (9') from grade unless it is grounded by the use of a grounding conductor run with the circuit conductors and is also grounded by being bonded to a grounding electrode at the sign site. D. Structural Elements: The construction and structural components of all signs shall be in accordance with the standards and regulations of this code. All permanent signs shall be constructed of fire resistant materials and shall be capable of withstanding wind pressures of at least thirty (30) pounds per square foot of surface area and of receiving dead loads based on the actual weight of the structure. E. Minimum Elevation Of Certain Signs: The bottom of every awning, canopy, marquee, wall and pylon sign shall be elevated at least eight feet (8') above grade. Whenever possible wall signs on the same facade shall maintain the same top and bottom elevations above grade. F. Obstruction Of Accessways: No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window or other required accessway. http://www.sterlingcodifiers.com/codebook/printnow.php �" Sterling Coditiers,Inc. Page 3 of 8 • • G. Obstruction Of Window Surface: No sign shall project over, occupy or obstruct any window surface required for light or ventilation by any applicable provision of this code. H. Traffic Safety: 1. Confusion With Traffic Signals: No sign shall be maintained at any location where by reason of its position, size, shape, content, color, or illumination it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, sign or device, or where it may interfere with, mislead or confuse traffic. 2. Obstruction Of Sight Triangles Prohibited: No sign, nor any part of a sign other than a supporting pole or brace no greater than eighteen inches (18") in width or diameter shall be located lower than eight feet (8') from grade within the area of any sight triangle as defined in this chapter. I. Signs In Rights Of Way: Except as provided in this section, no sign except governmental signs authorized in this chapter shall be placed in or extend into or over any public property or right of way. Temporary signs advertising civic functions may extend into or over a public right of way upon the specific prior approval of the village manager on the basis of need and impact on pedestrian and vehicular traffic, and impact on surrounding properties. J. Sign Identification: All signs shall be plainly marked with the name of the person, firm or corporation hanging or erecting the sign and the sign permit number. K. Sign Maintenance: The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in compliance with this chapter and all applicable laws, in a safe and secure condition, and in a neat and orderly condition and good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The premises around ground and pylon signs shall be kept clean and free of all rubbish and weeds. L. Sign Measurement: 1. Area To Be Included: The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or face of the sign. Where a sign has more than one display face, all faces shall be included in determining the area of the sign. http://www.sterlingcodifiers.com/codebook/printnow.php .� Sterling Coditiers, Inc. Page 4 of 8 2. Area Of Signs With Backing: The area of all signs with backing shall be measured by computing the area of the sign backing. 3. Area Of Signs Without Backing: The area of all signs without backing shall be measured by computing the area of the smallest regular geometric figure that can encompass all words, letters, figures, emblems and other elements of the sign message. 4. Area Of Signs With And Without Backing: The area of all signs formed by a combination of elements with and without backing shall be measured by counting the area of such elements measured in accordance with the foregoing subsections. Wall and Window Signs a.:.:.:;;.•:•:••.nex:.ww.0 e'RCgd.wws.a::x d::<.::.:K: ..., •..:••::.x• s4eA•!:,::.I b,k x'x:.n:..r°:+i•%'r a::::... •:•x•c :.�e: ... ..�t.::d: ......v...v 0^AO.n yQ.:R.dv.::Kk:.i.t'»::r•'::Yr L:• �.w .... � ... .. x::::< :> ..Yi:Ct%X O'%R.X i%:ft%%,iP:%.£:::i::..Y :.:::::':^:M%+::�♦.::::.::R::::: ::C::: :..:�.: •�.:..:.. t OYd,#.166N10-Y: ?:3[4a•A».:oaY�Wafv�i'D#°:nn. it •4#'FI £,£3E•• 7E k a #G-7o a # ax :• • �f•£%'Y rt-":E?:% Ground Sign v6 YC IX»PYq:<{Y%IX Stl ,<'Sf IX %M dp Y%":•, PAC O::♦Y%:•::».::%%<•::<: <•<#•pIM7 %#I:.. dd.%#e i:d:I,d:Rl%O£f Ind:.6xeA#,R.%#•#�#.�6e;;R##•##<lb%::ol.<:Yd'i.'v'>: ,tl#•S O#:t A9+T#d:#.3S:b<iIXi@$#f/@/R.%v9:%$f.,Ale.)�Y:LNY O Y#d�:.i'.i:••d»Y•n••6 r v M.Ax»n»� • .»CVlCtr IXn R#KRK'•IXC:,%vP•%S•::ro4:%Y::MC:»:.^%V•<t%ti%L%•:.: :::::C Y%.<::%�::C:: ' <Ry#d I 37 i:l.I-v%d d>3A 9 A.1d�iC f.k.•j'Rf#d ••f.Ce•C,:qq:j 4,•�n.:.CA v:P.f.<.o�7.••:6iM•• it r <..::C x#':::2:x,:axK•::<.xy:xx$%Y•::t« :,::::::Y..:•#.e.::x�y.xk x fra'<tA::.:.c::::::p<:•y: : •:.o•.e6a,w»,rr.enn.:oe•.•<de Ae rw.a.ne:.a,•:•r••x+•n Yr ::a. ,..xx tr...;».n , n n c. I..IPiF-":i ijan ta ; XYyax:x!y Sign Area �- A x B t .:: �:i°••tiVi . zr- #x:p ix d.Y�m �aft•ee a r e>:xsssw^aiaa*ai:.lixa� Ti i"� fi-Lath of i,-n Fa W. NacxA Sign Area =A x 8 Figure 1. Sign Measurement Illustrations M. Signs On Lots With Multiple Users: Where more than one user occupies a zoning lot, the owner of the lot where the sign is located shall be responsible for allocating permitted signage among such users. http://www.sterlingcodifiers.com/codebook/printnow.php "" " �• Nterlmg Uouitiers,Inc. -Page 5 of 8 N. General Safety: Notwithstanding any other provision of this chapter, no sign shall be located in any area or in any manner so as to create a nuisance or a threat to the public safety and welfare. (Ord. G-916, 1-12-2010) 13-11-7: SIGNS SPECIFICALLY PROHIBITED IN ALL DISTRICTS: The following signs, as well as all other signs not expressly permitted by this chapter, are prohibited in all zoning districts and shall not be erected, maintained or, except as provided for elsewhere in this chapter, permitted to continue in any zoning district: A. Advertising signs, including billboards. B. Attention getting devices. C. Banner signs (as approved by village sign permit). D. Box signs. E. Electronic reader board/changeable copy/video sign. F. Home occupation identification signs. G. Moving or animated signs. H. Off premises identification signs. I. Portable signs. http://www.sterlingcodifiers.com/codebook/printnow.php aterung Loainers, Inc. Page 6 of 8 J. Roof signs. K. Temporary signs, except as expressly authorized in this chapter and when approved in connection with temporary uses. i L. Vehicle/trailer signs. M. Any sign that advertises, identifies or pertains to a business no longer conducted, or a product no longer sold, on the premises where such sign is located. Such signs shall be removed within thirty (30) days following cessation of the relevant activity. N. Any sign on a tree or utility pole, whether on public or private property. O. Any sign on public property, except governmental signs authorized in this chapter. P. Any sign painted directly on a wall, roof or fence. Q. In a residential district, any sign located in a homeowners' association common area, except for a homeowners' association sign. (Ord. G-916, 1-12-2010) 13-11-9: DISTRICT B2 REGULATIONS: Business signs shall be permitted in the B2 district as follows: A. Ground Signs: 1. There may be a total of not more than two (2) freestanding ground signs on each of the boundary streets surrounding any shopping center in the 62 district located not less than thirty feet (30) from any street line; provided that each sign shall not exceed a total area of one thousand (1,000) square feet on either side, shall not exceed thirty five feet (35') in height, and each shall be limited to advertising the shopping center, its merchandise or services. http://www.sterlingcodifiers.com/codebook/printnow.php .off Sterling Codiliers, Inc. rage i or zs • 0 2. In a retail/commercial development containing less than five (5) acres, a maximum of one ground sign, which identifies the name and address of the development and may also identify the name and services or merchandise of each of the tenants located in the center, may be erected in addition to signs affixed to the building walls; provided that the sign shall not exceed a total area of one hundred thirty (130) square feet; not to exceed sixty five (65) square feet on either side and shall not exceed eleven feet (11') in height. 3. Real estate signs, large size. Real estate signs if limited to one single or double faced, nonilluminated sign per zoning lot, not to exceed twenty four (24) square feet in area per sign face, and set back a minimum of twenty five feet (25') from the property line. The name, address and telephone number of the person responsible for such removal shall be marked on the sign. Real estate signs indicating that the property has sold or is under any contractual obligation shall not be permitted pursuant to this subsection. Real estate signs, large size may indicate that the property is for sale or lease. Real estate signs, large size require a village sign permit. Real estate signs, large size shall not be in place for more than twelve (12) months, at which time the sign must be removed or another permit must be issued for another twelve (12) month period. Real estate signs, large size must be constructed of quality materials and maintained in good condition. Signs not maintained in good condition may be removed by the village. Real estate signs, large size are not permitted in residential districts. B. Wall Signs: 1. Signs may be attached to one or more facades of any building, provided that they conform to the following requirements: a. They shall not project more than thirty inches (30") from any facade and shall not be higher than the building height. b. The total area of any sign attached to a facade shall not exceed two percent (2%) of the gross floor area, including basements, of the building to which such sign is attached. c. No wall sign shall extend beyond the roofline or parapet of the building to which it is affixed. No wall sign shall cover any architectural features (architectural features shall include, but not be limited to: pediment, cornice, belt course, pier, windows, pilaster, roof, decorative stone or tile inlay, kick plate/bulkhead, raised or colored brick pattern, and corbel) of the building to which it is affixed. No wall sign shall be affixed to HVAC screening, elevator overrun, or other features protruding from the roof of the structure, with the exception of building parapets which have been designed and integrated into the building's architecture and which are in line with and not set back from the perimeter facade of the building. d. Letters shall be individually affixed to walls of a building and be either internally illuminated or backlit. All wall signs mounted above forty feet (40') shall consist of internally illuminated or backlit lettering that is one consistent color for all letters of the sign. Wall signs mounted above forty feet (40') shall consist of the business http://www.sterlingcodifiers.com/codebook/printnow.php 'T`r Sterling Coditiers, Inc. Page 8 of 8 - is • name only and not include slogans, tag lines, or other wording. Wall signs mounted above forty feet (40') may also include the company's primary registered or trademarked logo, which must be no taller than the height of the lettering of the wall sign. C. Size Limitation Exemptions: 1. Signs that are interior to a shopping center in the B2 district and are not visible from any exterior street and/or parking lot are exempt from the size limitations contained in this chapter. D. Awnings And Marquees: 1. Awnings and marquees affixed to any building or structure shall have headroom of not less than eight feet (8'). (Ord. G-916, 1-12-2010) http://www.sterlingcodifiers.com/codebook/printnow.php ��Q d Sterling C;ociitiers, Inc. Page I of L 0 • 13-15-7: EFFECT OF APPROVAL OR DENIAL: A. Approval of the planned development by the corporate authorities authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the village may require for the proposed planned development. The village's community development director shall review applications for these permits for compliance with the terms of the planned development granted by the corporate authorities and other applicable requirements. No permit shall be issued for development which does not comply with the applicable requirements of law, including, without limitation, the terms and conditions of the planned development ordinance approved by the corporate authorities. B. The village shall administratively revise the official zoning map to properly note the existence and boundaries of each approved planned development; provided, however, that any such notation of a planned development shall not constitute a map amendment to the official zoning map. C. Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development null and void if the recipient does not file a complete application for a building permit relative to the proposed planned development within nine (9) months after the date of adoption of the ordinance approving the planned development. D. Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development null and void if construction has not commenced within twenty four (24) months, and is not completed within thirty six (36) months, after the date of adoption of the ordinance approving the planned development, except as may otherwise be provided in the ordinance approving the planned development. E. Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development with a phasing plan null and void if construction has not commenced and is not completed in accordance with the terms of the phasing plan. F. Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development with a master development plan null and void if construction has not commenced and is not completed in accordance with the terms and conditions contained in the master development plan. http://www.sterlingcodifiers.com/codebook/printnow.php �� Sterling C;odihers, Inc. Page 2 of Z • • G. An extension of the time requirements provided pursuant to subsections C, D, E, and F of this section may be granted by the corporate authorities for good cause shown by the applicant, provided a written request is filed with the village at least four (4) weeks prior to the respective deadline. H. The corporate authorities may declare the approval of a planned development null and void if the use or combination of uses for which the approval was granted ceases for a consecutive period of one year. I. No application for a planned development which was previously denied by the corporate authorities shall be considered by the planned development commission or the corporate authorities if it is resubmitted in substantially the same form and content within one year of the date of such prior denial. 1. The community development director shall review the application for a planned development and determine if the application is or is not substantially the same as a previously denied application. An applicant has the right to request a meeting before the corporate authorities to appeal the determination of the community development director that the application is substantially the same, provided a petition for appeal is filed in writing with the village manager within ten (10) days after the community development director's determination. 2. The corporate authorities shall affirm or reverse the determination of the community development director, regarding whether the new application is substantially the same as a previous application, within forty five (45) days after receipt of the appeal. 3. If it is determined that the new application is not substantially the same, then the applicant shall be entitled to continue with the application process and have the application reviewed in accordance with the provisions of this chapter. (Ord. G-890, 7-14-2009) http://www.sterlingcodifiers.conVcodebook/printnow.php / VILLAGE of AK BROOK Community Development Department 1200 OAK BROOK ROAD OAK BROOK, IL 60523 630.368-5103 APPUCATION for PLANNED DEVELOPMENT XJ NEW PLANNED DEVELOPMENT ($1,500)* X❑ EACH WAIVER or VARIATION ($500)** ❑ MAJOR CHANGE TO AN EXISTING PLANNED DEVELOPMENT ($1,500)* ❑ MINOR CHANGE TO AN APPROVED/EXISTING PLANNED DEVELOPMENT ($750)* RI INITIAL ESCROW DEPOSIT ($500)*** PUBLIC HEARING SIGNS (each lot frontage) EL-:Enter Number of Street Frontages/Per Parcel * Plus all applicable third party costs and recoverable expenses. **List each waiver or variation on separate sheet with applicable fees calculated. *** From which anticipated third party costs and recoverable expenses are to be drawn. No interest shall be payable on any such escrow account. ;Subject property has no street frontage,but Applicant and Village have agreed to post •: notice signs at 4 entrances to the shopping center that surrounds the subject property. L. APPUCANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMIAt)NrTY DEVELOPMENT LOCATION OF Interior portion of Oakbrook Center, SUBJECT PROPERTY Per attached Exhibit A PERMANENT PARCEL NO. 06 23 300 049(Portion) LEGAL ADDRESS Subject property has no legal addresses ZONING DISTRICT B2 PROPERTY INTEREST OF APPLICANT: OWNER X❑ CONTRACT PURCHASER' ❑ AGENT'❑ OWNER(S)OF RECORD Oakbrook Shopping Center LLC PHONE 312-960-2954 ADDRESS c/o General Growth Properties, 110 N.Wacker Drive CITY Chicago STATE IL Zip 60606 NAME OF APPLICANP(and Billing Information) Oakbrook Shopping Center LLC PHONE 312-960-2954 ADDRESS c/o General Growth Properties, 110 N.Wacker Drive CITY Chicago STATE IL ZIP 60606 Contact E-mail Address dcassel @vedderprice.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing signs on the lot frontages of the above subject property as described in the Village CoQde. In addi�'Ion to the above fees,applicant agrees to reimburse the Village for II recoverable costs within 30 days of billing ten o.(�_ 11/13/2014 �% ��...�---,� 11/13/2014 Signature of Owner Date Signature of Applicant' Date 'If the applicant/Agent is not the owner of record,a written statement authorizing approval of the proposed planned development application is required from the property owner in addition to their signature above and supporting documents. DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Ole Date Appaestion Filed 6M.f4 Fee Paid$±0 b o Escrow Paid$5'00— Rec@W No. -3//800 Received By Preliminary Board of Tnutees Review I°:nL-_A0 Pretiilng Review Coherence with Staff (0*44 Resident Meeting RequiredlDate Application Distributed to Depts:�(-1 y'� Notice Published / ^ Newspaper DOUG Herald Adj.Property Owners Notified Plarmsd Developmeh Comrrdssion Board of Trustees lr /3��' Board of Trustees /-02'7—/S (AMoval of Ordinance) Planned Development Application 7-2011 14. Oakbrook Center, Theater Planned Development BriefNarrative Overview for Planned Development Commission Oakbrook Shopping Center, LLC ("Petitioner") has been engaged in a multi-year, multi-million dollar effort to renew and revitalize Oakbrook Center. The initial phases of this renewal program have involved extensive redevelopment of hardscape, landscape, lighting, seating, wayfinding, and water features within interior areas of the Center. Facilitated by the Village's approval of the Center's Common Area Planned Development, earlier this year, Petitioner has been able to continue its renewal efforts with new pavilion buildings, a revised specialty retail program, and the creation of new digital screen improvements for the "Village Green" area. As discussed with Village staff in preparation for this submittal, the next phase of Petitioner's renewal efforts would require the establishment of a second Planned Development for the Center, pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois(the "Zoning Ordinance"). i In accordance with Chapter 15 of the Zoning Ordinance, the proposed Planned Development is being brought before the Village's Planned Development Commission for its consideration. In addition to the other materials provided in support of the Planned Development application, Petitioner is providing this brief narrative to describe the overall character, intensity, uses, and nature of the proposed Planned Development. Boundaries The boundaries of the proposed Planned Development are limited to interior portions of the Center generally comprised of Building "G" and adjacent surface parking lot. The land area within the proposed Planned Development is approximately 4.2 acres, or 3.2% of the overall Center. Proposed Physical Improvements As illustrated in the enclosed Plans, Petitioner is envisioning three primary elements for the Center's new Planned Development. First, an existing northerly surface parking lot would be replaced with a 12-screen luxury movie theater. Second, the theater would be located above new structured parking, with approximately 475-500 parking spaces (which would replace the existing surface lot spaces and provide parking for the new cinema's building area at the ratio required by the Zoning Ordinance). As a third component, Building G's top level ("M2") would be substantially redeveloped as a restaurant and casual dining zone, including an open-air "Corridor" with similar amenities to those established through the Common Area Planned Development . The Corridor, along with other new vertical and horizontal connections, will visually and physically link existing areas of the Center with the new cinema, reconfigured retail and dining areas, and new parking. Architectural Style Per the enclosed Plans, the new improvements will have limited visibility from most properties outside of the Center due to the Center's existing buildings, perimeter landscaping and topography. Nevertheless, be directed Likewise, taking into consideration potential sight lines for residential neighbors north of 161h Street, Petitioner has proposed limited lighting accents and specific signage parameters for the new building's north fagade. Proposed Uses—Ancillary Theater Project As noted above and in the attached Plans, proposed uses within the Planned Development will be comparable to existing B2 uses found elsewhere in the Center, but with an emphasis on dining and entertainment. In conjunction with Petitioner's goals to increase entertainment uses at the Center, the existing 4-screen theater located in the "F" Building is being renovated and reactivated, but this separate project does not require Planned Development approval and will not be included in the new Planned Development. CHICAGO/42641308.3 • • WAIVERS and VARIATIONS Zoning Ordinance Section Brief description of each waiver or variation sought Fee Each The Ordinance establishing the Theater Planned Development(the"TPD Ordinance")would allow the property's open-air corridor(the 13-7-3-B "Corridor,"as shown on the Site Plan)to have uses occurring outside completely-enclosed buildings,including buildings with retractable walls, $500.00 adjacent outdoor dining,outdoor ticket kiosks,the Specialty Retail Program defined below and entertainment uses. The TPD Ordinance would allow the Corridor to have,as permitted uses,outdoor dining,markets,live 13-7B-1 and-2 entertainment and Specialty Retail satisfying the applicable criteria set forth in 13-7B-2. $500.00 13-11-4,13-11-7 and 13-11-9-B The TPD Ordinance would permit the Cinemas North,East and West Facades to have signage $1500.00 substantially consistent with the enclosed sign plans and standards detailed below. (_$500 x 3) 13-15-.7-C,-D,and-H The TPD Ordinance would permit the enclosed Project Schedule. $500.00 TOTAL $4,000.00 �I i I ,II (To continue copy or retype form and Attach additional sheets if necessary) PLANNED DEVELOPMENT APPLICATION 7-2011 PLANNED DEVELOPMENT- SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the oaae(s) of the site development nlan that the departure can be found. Allow the open-air corridor connecting the new Cinema and Building G at level M2 (the "Corridor") to have uses occurring outside enclosed buildings including: retractable walls outdoor dining for restaurants,outdoor ticket kiosks,and a Specialty Retail Program to be defined Code Section 13-7-3-B Relief SOughtin the TPD Ordinance as:"(a)kiosks and portable carts for preparation sale and consumption of food and beverage,outdoor seating for adjacent restaurants,sale of prepackaged food and beverage packaged food gift items not intended for immediate consumption,and nonfood merchandise,(b)product introduction or promotional activities and(c)entertainment such as live and recorded music." RESPONSE: Section 13-7-3-B requires that commercial activities,with five noted exceptions occur only within enclosed buildings The Corridor however, will have a unique physical configuration and a special purpose for which application of 13-7-3-B is unnecessary, maybe even counter-productive. First,application of 13-7-3-B is somewhat unnecessary for the Corridor,since it will be an outdoor space surrounded on all sides by buildings. Outdoor activities within the Corridor cannot cause any harm or nuisance to other property owners because Oakbrook Center itself surrounds this area. Second, General Growth has undertaken a multi-year, multi-million dollar effort to renew and activate the Centers interior common areas. The physical components have included extensive redevelopment of landscaping paving lighting seating, water features, the new pavilion buildings, the common area Specialty Retail Program the Village Green Digital Screen and new wayfinding signage. But the effort's over-arching purpose has been to improve the common area for visitors to passively and actively enjoy in new ways. A similar activation for the Corridor will not be technically possible if 13-7-3-B is applied Applicant hopes the Corridor will provide a positive experience for visitors by allowing them an enclosed but open-air space, with seating and climate control facilities so that they can comfortably rest, socialize, dine and be entertained. These components are intended to add energy, interest and activity to the Corridor and to draw people to the rest of the Center from the Cinema,and vice versa. Code Section 13-7B-1 and-2 Relief Sought The TPD Ordinance would allow the following as permitted uses within the Corridor: W outdoor dining adjacent to restaurants, (2) ticket kiosks, and (3) a Specialty Retail Program (as defined above) satisfying the -criteria set forth in 13-7B-2,including entertainment and private events. RESPONSE: Continuing from the preceding Response, Applicant is hoping the Corridor area will make visits to Oakbrook Center more enjoyable in several ways. The Corridor will have climate-controls, increasing comfort for adults seniors and children during winter weather and summer heat. Given that the Centers restaurants remain concentrated elsewhere outdoor dining and Specialty Retail within the Corridor will offer food and beverage that is more conveniently located near shopping areas. By investing to create this new and complementary amenity area, General Growth will be better able to ensure that Oakbrook Center retains its position as a key destination for Village residents, the metropolitan region, and tourists, particularly in the face of increased competition from rival multi-use developments in downtown Chicago and nearby suburbs. (To continue,Copy or retype form and attach additional sheets if necessary) PLANNED DEVELOPMENT APPLICATION 7-2011 D. PLANNED DEVELOPMENT- SITE DEVELOPMENT ALLOWANCES: Section: 13-15-4 WAIVERS and VARIATIONS Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise applicable to the property on which a Planned Development or Planned Development amendment is proposed, may be approved in accordance with this Chapter as part of the ordinance approving the Planned Development or Planned Development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the Planned Development standards set forth in Section 13-15-3 of this Chapter. Each departure shall be specifically stated and approved in the ordinance approving the Planned Development or Planned Development amendment. Any approved departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and shall not require a variation. Identify each waiver below and if applicable refer to the page(s) of the site development plan that the departure can be found. 13-11-4-A and-E, 13-11-7-D,and Code Section 13-11-9-B Relief Sought The TPD Ordinance would permit the Cinema building to have signage on its north east and west facades in substantial conformance with the approved signage plans and specifications described below. RESPONSE: Applicant has worked with the anticipated anchor tenant and professional lighting,signage and architectural consultants to develop the enclosed signage plan and following signage parameters. The north facade will have three sections. The central section will essentially be the solid,opaque north wall of the cinema structure. The left and right sections will be ornamental metal wings projecting from the central section.These wings will have an open-mesh style that allows light and shadow patterns on the recessed building walls behind The north facade will have no more than 5 signs. As shown in the plans,the anchor(cinema) tenant will be identified towards the top of the left section,with an individual letter sign that is colored (not white) and both internally and externally illuminated. Although not reflected in the Mans,the theater might have IMAX capability. If so,IMAX would be denoted as part of the cinema sign on one or two facades. The cinema sins(excludinjz IMAX references)will not exceed 280 square feet in area,8'in height or 33'in width and Applicant will work with the Village to set maximum dimensions for IMAX sign elements (if any) in the TPD Ordinance. Up to four other tenant signs will be located within the bottom left quarter of the north facade (with exact locations to be identified at point of permitting). None of these other tenant signs will be exceed 8' in height or 280 square feet in area. Like the anchor tenant signs, these lower tenant signs may be both internally and externally illuminated. Unlike the anchor tenant sign,one or more of these lower tenant signs might be box signs. Code Section 13-15-7-C,-D,and-H Relief Sought The CAPD Ordinance would permit the enclosed project schedule, notwithstanding the referenced Code sections. As noted in the enclosed project schedule, Applicant is seeking flexibility for the construction of the new cinema parking and Building G improvements. In addition to standard scheduling considerations such as development of final architectural and civil plans weather, and permitting-- flexibility may be particularly necessary for this planned development to accommodate the many existing Building G tenants in the area of reconfiguration,the scheduling needs of the anchor cinema,seasonal activities at the Center,and adjacent anchor stores. As explained in the enclosed project schedule, Applicant is also seeking flexibility for the introduction and periodic modification and discontinuance of the outdoor uses within the Corridor,similar to the flexibility provided in the Common Area Planned Development (To continue,Copy or retype form and attach additional sheets if necessary) PLANNED DEVELOPMENT APPLICATION 7-2011 Z)- 1. • • F VILLAGE OF OAK BROOK � o o .�`'' PLANNED DEVELOPMENT STANDARDS: Section: 13-15-3 A. Planned Developments Are Not Permitted As Of Right: Planned developments shall be approved by the village only in direct response to the accrual of tangible public benefits from the planned development to the village and its residents, along with the neighborhood and area in which the planned development is proposed. These benefits shall include, without limitation, exceptional amenities, landscape features, architectural or site design, or the conservation of special manmade or natural features of the site, all as more specifically set forth in the standards set forth in subsection B of this section. B. General Design Standards: No application for a planned development shall be approved by the corporate authorities unless the proposed planned development satisfies the standards set forth in this subsection B and subsection C of this section. All of these standards shall not be regarded as inflexible, but shall be used as a framework by the village to test the quality of the amenities, benefits to the community, and design and desirability of the proposal. 1. Commercial Areas Revitalization Master Plan: The planned development shall not be inconsistent with the planning policies, goals, objectives, and provisions of the village's commercial areas revitalization master plan. A planned development must also not be inconsistent with the intent and spirit of the village of Oakbrook comprehensive plan. RESPONSE: The Proposed Planned Development will not be inconsistent with the Commercial Areas Revitalization Master Plan (the "Master Plan") or Village of Oak Brook Comprehensive Plan. The Master Plan advocates for several outcomes that the Proposed Planned Development advances: (i) clustering compatible, retail uses "to create synergy and contribute to an area's ability to serve and function as a destination"; (ii) concentrating commercial land uses at 3 locations, one of which is Oakbrook Center; (iii) encouraging continued vitality and expansion at the Center; (iv) increasing sales taxes; (v) developing restaurants and entertainment uses as an "excellent complement"to retail and as an independent attraction for visitors; and Zvi), creating"public areas for outdoor gathering and potential shopping and eating opportunities" and encouraging_'open space, plazas or gathering places... for employees, customers and visitors". 2. Public Welfare: The Planned Development shall be designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare. RESPONSE: The proposed Planned Development, as designed, located and vroposed to be operated and maintained, will not impair light and air to adjacent Properties First the Planned Development is not adjacent to any properties that are not, themselves, part of Oakbrook Center. Second, the proposed improvements are intentionally designed to maintain light and air for the three closest buildings within the Center. With respect to Building G, the new structure will be physically connected by the Corridor area, but still maintain a setback on either side of the Corridor. The Corridor area itself will actually bring more light and air to the center of Building G. With respect to the other two (the Sears building and Red Parking Deck), the new structure will have substantial setbacks. The proposed Planned Development also will not substantially increase the danger of fire or otherwise endanger the Public health, safety and welfare. The proposed improvements will be designed by licensed professionals, including architects and engineers; they will be engineered in accordance with applicable building codes and fire safety standards; and, they will be subject to multiple governmental reviews by applicable local and State agencies prior to permitting and construction. 3. Impact on Other Property: The Planned Development shall not be unnecessarily injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted pursuant to the applicable zoning district, shall not prevent the normal and orderly development and improvement of surrounding properties for permitted uses, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity. The uses permitted in a Planned Development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties. The Planned Development must also address compliance with the Village's noise, lighting, and other performance standards. RESPONSE: The proposed Planned Development will not be unnecessarily idurious detrimental, or inconsistent with the character, use, enjoyment or development of neighboring_properties. First and foremost, the Planned Development is not adjacent to any properties other than parcels within Oakbrook Center. The new structure also will have little to no visibility beyond the Center's boundaries given topographical conditions, existing buildings, and existing perimeter landscaping A1212licant's consultants have confirmed that the Planned Development also will comply with all applicable noise, lighting and other performance standards relative to neighboring properties. Treating the Center's existing in-line stores and anchors as "adjacent properties," Applicant has intentionally designed the proposed improvements with height, massing, materials, and architectural style that will complement the Center's existing improvements and share their clean lines and simple color palette. And the new cinema, retail, dining, and Corridor uses are also functionally consistent and complementary with the Center's current uses and recent common area improvements. 4. Impact on Public Facilities and Resources: The Planned Development shall be designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve the development. The Planned Development shall include such impact donations as may be reasonably determined by the Corporate Authorities. The required impact donations, including, without limitation, obligations under the Village's subdivision regulations, shall be calculated in reasonable proportion to the impact of the Planned Development on public facilities and infrastructure to the extent permitted by law. RESPONSE: Existing utilities, road access, drainage and other facilities at Oakbrook Center, including its parking areas, will be sufficient to support the proposed Planned Development improvements and uses. Per the enclosed utility Plan, the vast majority of underground utilities and connections are already in Place. As shown in the enclosed Pervious Area Exhibit, the increase in impervious areas will be minimal (less than 3%). Per the enclosed Drainage Exhibit, storm water runoff will be directed to the north into an existing storm water detention pond located between the inner ring road and 16f Street. Applicant does not believe that impact donations are required, per applicable Municipal Code provisions, or warranted in connection with the proposed Planned Development improvements and uses. 5. Archaeological, Historical or Cultural Impact: The Planned Development shall not substantially and adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development. RESPONSE: To Applicant's knowledge, there are no archaeological, historical or cultural resources located within or adjacent to the Planned Development on which the proposed improvements or uses could have any substantial and adverse effect. 6. Parking and Traffic: The Planned Development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provides adequate access for emergency vehicles. RESPONSE: Per the enclosed Traffic Study,the Center's existing external and internal roadway systems should be sufficient to Provide access to the Proposed improvements and uses, including access for emergency vehicles, although future study of improvements for the Route 83 entrance across from Hodges Road may be warranted once the cinema is constructed and in operation. 7. Adequate Buffering: The Planned Development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties. RESPONSE: Per the enclosed Landscaping_ Plan, Applicant will be installing landscaping in virtually all of the Planned Development areas that are not occupied by building structures and drive aisles. Also, the Corridor component of the Planned Development will create a new open space that continues and complements Applicant's multi-year, multi-million dollar effort to renew, beautify and reactivate the Center's common areas. 8. Signage: Signage on the site of the Planned Development shall generally be in conformity with the Village's Sign Regulations (Chapter 11 of the Zoning Regulations), except as may otherwise be specifically provided in the ordinance approving a Planned Development. RESPONSE: No signage relief is being requested other than relief needed to accommodate the design of the north fagade. Please see the enclosed waiver request for further details. 9. Ownership/Control Area: The site of the Planned Development must be under ownership and/or unified control of the applicant. RESPONSE: Applicant holds fee simple title to all lands within the Planned Development. 10. Need: A clear showing of need for the Planned Development must be made by means of an economic feasibility, land utilization and marketing study. RESPONSE: The creation of the new structure and 12-screen cinema will Lyenerate public and private economic benefits including construction-related employment permanent jobs, property taxes, and sales of tickets and concessions (including liquor,if a liquor license is approved). The Building G reconfiguration will not result in an appreciable increase of leasable area, but it still will generate construction- related employment, permanent jobs, property taxes, and sales revenues from its retail and dining uses. The cinema and Building G reconfiguration are also expected to provide indirect economic benefits. Leading ind�ustrv, publications and trade groups, such as the International Council of Shopping Centers have documented how expanded entertainment and dining uses, like those included in the proposed Planned Development, are being implemented on a nationwide and international basis when planning new shopping centers and when refurbishing existing centers because they encourage longer and more enjoyable visits that can translate into additional sales. The need for improved entertainment and dining to complement retail uses for these and similar reasons is recognized in the Master Plan as well (please see Response#1, above). 11. Compliance with Subdivision Regulations and Plat Act: All Planned Developments, whether or not they are by definition subject to the Village's subdivision regulations or the Illinois Plat Act, shall comply with all standards, regulations and procedures of the Village's subdivision regulations and the Plat Act except as is expressly provided otherwise in this Chapter, or as otherwise provided by the Corporate Authorities pursuant to the ordinance approving the Planned Development, or the applicable sections of the Village's subdivision regulations. RESPONSE: The proposed improvements do not require any relief from the Village's subdivision regulations or the Illinois Plat Act. The property within the Planned Development has a single owner, is located entirely within previously-subdivided parcels, and will not be conveyed in whole or part to other owners. Y 9 1 . Covenants and Restrictions to be Enforceable b Village: All covenants deed 2 o restrictions easements, and similar restrictions to be recorded in connection with the Planned Development shall provide that they may not be modified, removed, or released without the express consent of the Corporate Authorities and that they may be enforced by the Village as well as by future landowners within the proposed development. RESPONSE: N/A. The Planned Development has a single owner and will not be conveyed in whole or Part to other owners. No new covenants, deed restrictions, easements or other restrictions will be recorded in connection with the Planned Development. 13. Security and Site Control: The Planned Development shall include the plans necessary to describe, establish, and maintain appropriate property and building security and site control measures for the Planned Development and the property on which the Planned Development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties. RESPONSE: The propea within the Planned Development boundaries comprises a Portion of the existing Oakbrook Center, all of which is closely monitored and guarded by Private security controls, implemented in close coordination with the Village's Police Department and centralized Property management Personnel. All of the new uses and improvements to be established within the Planned Development will be subJect to the existing building secud1y and site control measures that are employed throughout the Center. Specifically, if the cinema or Building G restaurants and stores are operating with extended hours, Owner's private security control measures during those hours will be at least comparable to the level of controls employed during standard business hours. C. Additional Standards: In addition to the standards required in Subsection B of this Section, the following standards shall be considered in reviewing all proposed and amended Planned Developments, particularly with regard to elements of Planned Development proposals that do not satisfy the otherwise applicable provisions of the underlying zoning and subdivision regulations. 1. Integrated Design: A Planned Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. RESPONSE: A1212licant has worked closely with a team of experienced design professionals to insure that the Placement and dimensions of the additional improvements within the Planned Development will be an integrated and complementary addition to the surrounding in-line and anchor stores. For example, the new cinema structure will Primarily use materials, massing, color schemes and roof lines similar to those of nearby buildings. On the other hand, subtle lighting features will add Points of visual interest, while the design and materials of the north A, • • facade's two 12rojecting wings will 12rovide an o1212ortunity for unusual and varied interactions of light and shadow. The driving12urpose of the Corridor element is to functionally and visually connect the new structure with other portions of the Center and to create new open space. The materials used to construct the Corridor will further connect indoor and outdoor spaces with transparency, fenestration, outdoor dining and outdoor seating. 2. Beneficial Common Open Space: Any common open space in the Planned Development shall be integrated into the overall design. These open spaces shall have a direct functional or visual relationship to the main building(s) and shall not be of isolated or leftover character. RESPONSE: As noted in the previous Responses and as illustrated by the enclosed graphics the essence of the subject Planned Development's Corridor element is to create an open space that visually connects the new cinema structure with the balance of the Center while encouraging longer or additional visits to the Center — through indoor and outdoor dining, outdoor seating and Specialty Retail uses. The following would not be considered usable common open space: a. Areas reserved for the exclusive use or benefit of an individual tenant or owner. b. Dedicated streets, alleys and other public rights-of-way. C. Vehicular drives, parking, loading and storage areas. d. Irregular or unusable narrow strips of land. 3. Functional and Mechanical Features: Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the Planned Development and made as unobtrusive as possible. These features shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. RESPONSE: Rooftop mechanicals, storage and trash areas will be unobtrusive, per the above standard. Loading and unloading activities will be handled in a manner consistent with the Center's existing operations. 4. Visual and Acoustical Privacy: The Planned Development shall provide reasonable visual, and acoustical privacy. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises. RESPONSE: The Planned Development is not adjacent to any properties other than parcels within Oakbrook Center. The proposed improvements will have little to no visibility bgyond the boundaries of the Center. The proposed improvements should also present no acoustical issues for neighboring properties, since the outdoor uses within the Corridor will be completely surrounded by buildings, and the cinema cannot emit noise from one theater to another, no less from one theater to exterior areas. 5. Energy Efficient Design: A Planned Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the Planned Development. The applicant will be encouraged, to the extent feasible, to obtain Leadership in Energy and Environmental Design ("LEED') certification for the project. A Planned Development applicant may also undertake the following: a. Having at least one member of the applicant's project team be a "LEED Accredited Professional" — a person who has received the LEED Accredited Professional designation from the United States Green Building Council ("USGBC"), the Green Building Certification Institute, or another entity authorized by the USGBC to grant that designation. RESPONSE: A1212licant's development team will include at least one LEED Accredited Professional and give consideration to energy efficiency as building design proceeds. b. Having its application materials include a "LEED Checklist" developed by the U.S. Green Building Council indicating the credits pursued and total points anticipated for a project under the most appropriate LEED rating system, in consultation with the Director of Community Development. RESPONSE: Applicant does not expect at this time to seek LEED certification. 6. Drives, Parking and Circulation: Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties. To the extent practical, Planned Developments shall provide connections to and from existing bike and walking paths so as to ensure a continuous route without gaps or disconnections. RESPONSE: The Planned Development has been designed to satisfy the foregoing criteria. Please refer to the enclosed site plan and Traffic Study. 7. Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic. RESPONSE: Existing site drainage facilities within the Center will be sufficient to support the proposed improvements and uses. As shown in the enclosed Pervious Area Exhibit, the increase in impervious areas will be minimal (less than 3%). Per the enclosed Drainage Exhibit, storm water runoff will be directed to the north into an existing storm water detention Pond located between the inner ring road and 16th Street. Applicant does not believe that impact donations are required, Per applicable Municipal Code Provisions, or warranted in connection with the Proposed Planned Development improvements and uses. • . II OAKBROOK CENTER THEATER PLANNED DEVELOPMENT PROJECT SCHEDULE AND SECURITY PLAN STATEMENT Project Schedule for Building G Reconfiguration and for Theater and Parking Structure I Petitioner currently expects to: (i) file a complete application for a building permit within 6 to 18 months after the PD Ordinance is adopted; (ii) commence construction within 2-24 months of permit issuance; and (iii) complete construction within 24 months of commencement. Petitioner is requesting that the Ordinance establishing the Theater Planned Development(the "TPD Ordinance") acknowledge the foregoing as the approved Phasing Plan for the Planned Development pursuant to Section 3-15- 7-E of the Zoning Ordinance and that the approved Phasing Plan supersede contradictory deadlines in Section 3-15- 7-C and 3-15 7—D of the Zoning Ordinance. Project Schedule for Corridor Uses Similar to the approach used for the Center's Common Area Planned Development, Petitioner is requesting that the TPD Ordinance acknowledge that the outdoor uses within the Corridor area, including Specialty Retail activities, entertainment and mobile retail elements may be introduced, suspended, discontinued, and re-introduced on an irregular basis, depending on weather, holidays, contractual arrangements, market conditions, and other factors. Accordingly, the TPD Ordinance should not be terminable, in whole or part, if one or more of these elements is postponed or dormant from time to time, notwithstanding 3-15- 7-H of the Zoning Ordinance. Theater Planned Development Security Considerations Each Planned Development is to employ appropriate property and building security and site control measures, including measures to prevent adverse impacts on neighboring properties. The subject property comprising the Planned Development is an irregularly-shaped sub-portion of the Oakbrook Shopping Center that is not located at the Center's perimeter. The properties immediately neighboring the Planned Development boundaries are comprised of the Center's own parking lots and buildings. The Center is subject to a highly-developed security plan implemented by private security in close coordination with Village and State law enforcement. Traffic regulation at the Center is also coordinated with Village police personnel pursuant to an approved and recorded agreement with the Village. This traffic regulation agreement is periodically reviewed, and was updated as recently as the month prior to this Planned Development Application. Accordingly, the additional improvements and uses authorized by the final TPD Ordinance will have security and site control measures that are integrated with, and no less rigorous than, the security plans for the balance of the Center. Three examples follow. Ownership currently provides 24-hour security service throughout all of the Center's common areas. The Corridor area will, as well. Leases to Building G and cinema tenants will impose responsibilities for building security and site control that are coordinated with the Center's overall security standards and procedures. Third, Ownership's security diagrams and emergency protocols for the Center will be updated to include the cinema, new parking structure, and reconfigured areas of Building G, including the Corridor area. 2641358.2 a VEDDERPRICE • DANIELLE MELTZER CASSEL 222 NORTH LASALLE STREET,SUITE 2600 CHICAGO ILLINOIS 60601 312-609-7962 dcasseli@vedderprice.com November 17, 2014 BY MESSENGER AND BY ELECTRONIC MAIL Robert L. Kallien Jr and Gail Polanek Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60525 Re. Oakbrook Center Theater Planned Development Application Materials Dear Mr. Kallien and Ms. Polanek: As you know, Oakbrook Shopping Center, LLC ("Petitioner," or "Applicant") has been working closely with the Village throughout this year to plan the next phase of its ongoing effort to renew and revitalize amenities at.Oakbrook Center, and this next phase is proposed to include the improvements and uses that require the establishment of a Planned Development, pursuant to Chapter 15 of the Zoning Ordinance of the Village of Oak Brook, Illinois. The next portion of this letter provides a list of the enclosed application and supporting materials for the Planned Development. Following this list is an explanation of how the enclosed materials correspond to the standard application requirements of Section 18-15-6. LIST OF ENCLOSURES • Check for Application Fee in the amount of$4,000. • Check for Escrow Account in the amount of$500. • 5 Sets, including one original and 2 copies, of the following: o Duplicate copy of this Letter; o Duplicate copy of each Check; o Application Form; o Brief Project Narrative; o Subject Property Verification Form; o Subject Property Legal Description; o Certification of Surrounding Property Owners; o Names of Surrounding Property Owners; o Copy of Notice Letter to Surrounding Property Owners; o Certified Mailing Receipts for Notice Letter; o Waivers and Variations—Brief Description Form; o Waivers and Variations—Expanded Form; o Planned Development Standards FI.n1; o Project Schedule and Security Plan Statement; Vedder Price P.C.is affiliated with Vedder Price LLP,which operates in England and Wales,and with Vedder Price(CA),LLP,which operates in California. �e Oakbrook Center • • Theater Planned Development Application Submittal Letter to Kallien and Polanek November 17, 2014 Page 2 LIST OF ENCLOSURES (continued) • Graphics Project Gra with index J P ( ); • Traffic Study; and • Existing Reciprocal Easement Agreement dated June 29, 2012; • Sixteen (16) additional, bound copies of the following: • Project Graphics (with index); and • Traffic Study. • Five (5) folded copies of the following • ALTA Survey of the subject property; and • Topographical Survey of the subject property. SECTION 18-15-6 APPLICATION REQUIREMENTS AND CORRESPONDING ENCLOSURES A. Owner To File Application. Petitioner owns the subject property and has executed the enclosed application form. B. Information Required: 1. The names and addresses of the owner(s) of the subject property and the applicant(s). This information is included on the enclosed application form. 2. A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the applicant. As Petitioner is the Owner, this document is not applicable. S. A survey of, and legal description and street address for, the subject property. Surveys and a segregated legal description are enclosed. 4. A statement demonstrating compliance of the proposed planned development with the commercial areas revitalization master plan, and evidence of the proposed project's compliance in specific detail with each of the standards for planned developments provided in this chapter. This Statement is attached to each of the enclosed application sets. 5. A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, and transportation and utilities. Please refer to the enclosed Project Graphics. 6. A scaled site plan of the proposed planned development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio,lot area coverage and heights of buildings and structures, number of parking spaces and loading areas. Please refer to the enclosed Project Graphics. Vedder Price P.C.is affiliated with Vedder Price LLP,which operates in England and Wales,and with Vedder Price(CA),LLP,which operates in California. Oakbrook Center • Theater Planned Development Application Submittal Letter to Kallien and Polanek November 17, 2014 Page 3 SECTION 15-15-6 APPLICATION REQUIREMENTS AND CORRESPONDING ENCLOSURES (continued) 7. Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans for all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area for all uses or combinations of uses, and the floor area for the entire proposed planned development. Please refer to the enclosed Project Graphics. 8. A landscaping plan showing the location, size, character, and composition of vegetation and other material. Please refer to the enclosed Project Graphics. 9. The substance of existing covenants, easements, and other restrictions, and any to be imposed, on the use of land, including common open space, and buildings or structures. Please refer to the enclosed Reciprocal Easement Agreement dated June 29, 2012. 10. A schedule showing the approximate date for beginning and completion of each stage of construction of the planned development. Please refer to the enclosed Project Schedule and Security Procedures Statement. 11.A professional traffic study acceptable to the village showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, and any streets and access easements. Enclosed. 12.A professional environmental impact study identifying and describing the nature and extent of noise, light, and other potential environmental impacts associated with the planned development and the property on which the planned development is located, and the plans necessary to address those impacts. Please refer to the enclosed Photometric Study within the Project Graphics. 13.A professional economic analysis. Perprior consulta tion with the Village, the enclosed Sta tement Demonstrating Compliance of the Proposed Planned Development includes a discussion of anticipated economic benefits. 14. Copies of all environmental impact studies as required by law. Not applicable. 15.An analysis setting forth the anticipated demand on all village services resulting from the proposed planned development. Not applicable,perprior consultar`ion with the Village. 16. A plan showing off site utility improvements required to serve the planned development, and a report showing the cost allocations and funding sources for those improvements. Please refer to the enclosed Utility Plan within the Project Graphics. 17.A site drainage and stormwater detention and maintenance plan for the proposed planned development. Please refer to the enclosed Drainage Plan within the Project Graphics. 18.A photometric/lighting plan for the proposed planned development. Please refer to the enclosed Photometric Plan within the Project Graphics. Vedder Price P.C.is affiliated with Vedder Price LLP,which operates in England and Wales,and with Vedder Price(CA),LLP,which operates in California. Oakbrook Center • • Theater Planned Development Application Submittal Letter to Kallien and Polanek November 17, 2014 Page 4 SECTION 13-15-6 APPLICATION REQUIREMENTS AND CORRESPONDING ENCLOSURES (continued) 19. A written summary of residents' comments pertaining to the proposed application from any public meeting or hearing held pursuant to subsection 13-15-513 or C of this chapter. A meeting with the Oak Brook Club is scheduled for November 1 s, 2014. A written summary will be provided to you following the meeting. 20. Plans necessary to describe, establish, and maintain appropriate property and building security and site control measures for the planned development and the property on which the planned development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties. Please refer to the enclosed Project Schedule and Security Procedures Statement. Thank you, as always, for your guidance and consultation with this Planned Development effort. It is always a pleasure working with you, and we look forward to working with you on preparations for the public hearing before the Planned Development Commission. Very truly yours, VEDDER PRICE P.C. I anielle Mel zer Cassel CC: (By Electronic Mail, with copies of the Enclosures) Richard Fleming Ben Freeman Andrew Massmann Vedder Price P.C.is affiliated with Vadder Price LLP,which operates in England and Wales,and with Vedder Price(CA(,LLP,which operates in California. MISCELLANEOUS PAYMENT RECPT#: 311800 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK IL 60523 DATE: 11/25/14 TIME: 13:03 CLERK: reception DEPT: CUSTOMER#: 0 INFO: FEE 4302 ZONING/SUBDIVIS 4000.00 AMOUNT PAID: 4000.00 PAID BY: OAKBROOK URBAN VENTU PAYMENT METH: CHECK 016189551 REFERENCE: I AMT TENDERED: 4000.00 AMT APPLIED: 4000.00 CHANGE: .00 NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. INSITE GOSHEN LLC&ETAL INSITE REAL ESTATE LLC 1400 W 16TH ST 0623102025 ATTN ACCT R E TAX OAKBROOK,IL 60523 1400 16TH ST OAK BROOK IL 60523 DOMANICO LIVING TRUST DOMANICO,JOSEPH&THERESA 2 OAKBROOK CLUB DR C111 0623106001 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO CI11 OAKBROOK IL 60523 YACULLO WILLIAM S YACULLO,WILLIAM S 2 OAKBROOK CLUB DR C-112 0623106002 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT C-112 OAK BROOK IL 60523 MILLS RUDOLPH W&JANET MILLS,RUDOLPH W&JA 2 OAKBROOK CLUB DR C110 0623106003 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO C110 OAK BROOK IL 60523 SILVERSTEIN MIMI C TR SILVERSTEIN,NORMAN 23 OAKBROOK CLUB DR C108 0623106004 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT C108 OAK BROOK IL 60523 ANDERSEN JR TR ROBERT M ANDERSEN JR,ROBERT M 2 OAKBROOK CLUB DR C-107 0623106005 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO C-107 OAK BROOK IL 60523 BOLTON TR EDMUND C BOLTON TR,EDMUND C 2 OAKBROOK CLUB DR C104 0623106006 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO C104 OAK BROOK IL 60523 NUZZARELLO SALVATORE&F NUZZARELLO,SALVATORE&F 2 OAKBROOK CLUB DR C 102 0623106007 2 OAK BROOK CLUB NO C102 OAKBROOK,IL 60523 OAK BROOK IL 60523 COONEY ROBERT&JANET COONEY,ROBERT&JANET 2 OAKBROOK CLUB DR C101 0623106008 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO C101 OAK BROOK IL 60523 MC GARRY JOAN E TR MC GARRY,JOAN E 2 OAKBROOK CLUB DR C-103 0623106009 2 OAKBROOK CLUB OAKBROOK,IL 60523 UNIT C-103 OAK BROOK IL 60523 GOLZ AURELIA V GOLZ,AURELIA V 2 OAKBROOK CLUB DR C105 0623106010 2 OAK BROOK CLUB NO C105 OAKBROOK,IL 60523 OAK BROOK IL 60523 ANDERSON CATHLEEN J TR ANDERSON,CATHLEEN JOYCE 2 OAK BROOK CLUB C-106 0623106011 2 OAK BROOK CLUB OAKBROOK,IL 60523 UNIT C-106 OAK BROOK IL 60523 CLARK TR ARNOLD 2 OAKBROOK CLUB DR C109 2 OAKBROOK CLUB DR C109 0623106012 OAKBROOK,IL 60523 OAKBROOK,IL 60523 CHICAGO/#2640912.1 Page 1 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] J. NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within-30 days of the filing of this application. Provide a mailing label for each Property Owner listed. I PROPE P,ry i • DAHLSTRAND CATHERINE M DAHLSTRAND,CATHERINE M 2 OAKBROOK CLUB DR B111 0623106014 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO B111 OAK BROOK IL 60523 DUNK ILAMAY A DUNK,ILAMAY A 2 OAKBROOK CLUB DR B109 0623106015 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO B109 OAK BROOK IL 60523 KANTZAVELOS DEMETRI KANTZAVELOS,DEMETRI 1 OAKBROOK CLUB DR B102 0623106016 5855 N SHERIDAN RD OAKBROOK,IL 60523 UNIT B 102 CHICAGO IL 60660 PAWLICKI MARK E&L C PAWLICKI,MARK E&L C 1 OAKBROOK CLUB DR B101 0623106017 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO B101 OAK BROOK IL 60523 PLOESSL RANDOLPH&SUSAN PLOESSL,RANDOLPH&SUSAN 1 OAKBROOK CLUB DR B103 0623106018 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT B103 OAK BROOK IL 60523 WILLIAMS MARIAN E WILLIAMS,MARIAN E TRUST 1 OAKBROOK CLUB DR B 105 0623106019 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO B105 OAK BROOK IL 60523 GASS BILL L GASS,BILL L 1 OAKBROOK CLUB DR B-106 0623106020 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO B-106 OAK BROOK IL 60523 LATINI TR BARBARA E LATINI,BARBARA E 1 OAKBROOK CLUB DR B 104 0623106021 1 OAKBROOK CLUB DR OAK BROOK,IL 60523 NO B104 OAK BROOK IL 60523 NEIMARK LAWRENCE&C TR NEIMARK,LAWRENCE A 2 OAKBROOK CLUB DR B107 0623106022 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT B 107 OAK BROOK IL 60523 FAREED JAWED&JAN FAREED,JAWED 1 OAKBROOK CLUB DR B108 0623106023 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO B-108 OAK BROOK IL 60523 HECKMAN IRVIN&PHYLLIS BECKMANN,IRVIN&PHYLLIS 1 OAKBROOK CLUB DR A105 0623106025 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A105 OAK BROOK IL 60523 CT LAND TR 8002359334 CT LAND TR 8002359334 1 OAKBROOK CLUB DR A106 0623106026 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT A106 OAKBROOK IL 60523 CHICAGO/#2640912.1 Page 2 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] r NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses areas they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. PROP[RTY ADDRESS PARCEL ! ! STANDARD PROPERTIES DU STANDARD PROPERTIES DU PA 1 OAK BROOK CLUB A104 0623106027 PA 3 GRANT SQUARE OAKBROOK,IL 60523 UNIT 150 HINSDALE IL 60521 IACCINO TR KATHLEEN D IACCINO,KATHLEEN D 1 OAKBROOK CLUB DR Al 08 0623106028 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A108 OAK BROOK IL 60523 WALSH JOAN C WALSH,JOAN C 1 OAKBROOK CLUB DR Al 07 0623106029 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A-107 OAK BROOK IL 60523 KLEMPIR TR VERA KLEMPIR,VERA&VACLAV 1 OAKBROOK CLUB DR Al 10 0623106030 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT A110 OAK BROOK IL 60523 HOFMANN DAVID HOFMANN,DAVID I OAKBROOK CLUB DR Al 12 0623106031 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT Al 12 OAK BROOK IL 60523 DUNNE MARY ELLEN TRUST DUNNE,MARY ELLEN 1 OAKBROOK CLUB DR AI 11 0623106032 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A111 OAK BROOK IL 60523 ANOS JOHN N&ET AL ANDS,JOHN N&DEAN N 1 OAKBROOK CLUB DR A-109 0623106033 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A109 OAK BROOK IL 60523 HANSEN LINDA L HANSEN,LINDA L 1 OAKBROOK CLUB DR Al01 0623106034 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A101 OAK BROOK IL 60523 CONSIDINE TR LORRAINE M CONSIDINE,JOHN M&L M 1 OAKBROOK CLUB DR A102 0623106035 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 NO A102 OAK BROOK IL 60523 TOURLAS CATHERINE TR TOURLAS,CATHERINE TR 1 OAKBROOK CLUB DR Al 03 0623106036 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT A103 OAK BROOK IL 60523 ECKERT TRACY&ANDREIA ECKERT,TRACY&ANDREIA 2 OAKBROOK CLUB DR C211 0623106037 2 OAKBROOK CLUB DR OAKBROOK,IL 60523 UNIT C211 OAKBROOK IL 60523 CHELEMENGOS PETER&L CHELEMENGOS,PETER&L 2 OAKBROOK CLUB DR C212 0623106038 2 OAKBROOK CLUB DR UNIT C212 OAKBROOK,IL 60523 OAK BROOK IL 60523 CHICAGO/#2640912.1 Page 3 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] NAMES OF SURROUNDING PROPERTY DINNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. NAmi ;)� PPn!,Fi'1Fy MAIL INc ADDRESS OF PRoPL Ri Y ADDRESS PARCEL QUELLETTE WM&GRACE P QUELLETTE WM&GRACE P 2 OAKBROOK CLUB DR C210 0623106039 2 0AKBROok CLUB DR NO C210 OAKBROOK,IL 60523 OAK BROOK IL 60523 ROSSI RONALD A&SUE A ROSSI,RONALD A&SUE A 2 OAKBROOK CLUB DR C-208 0623106040 2 OAK BROOK CLUB NO C-208 OAKBROOK,IL 60523 OAK BROOK IL 60523 TANG JIUNN-YANN TANG,JIUNN-YANN 2 OAKBROOK CLUB DR C207 0623106041 2 OAKBROOK CLUB DR UNIT C207 OAKBROOK,IL 60523 OAK BROOK IL 60523 CHICAGO TITLE TR 1083090 BECKMAN,JOSEPHINE T 2 OAKBROOK CLUB DR C204 0623106042 2 OAKBROOK CLUB UNIT C-204 OAKBROOK,IL 60523 OAK BROOK IL 60523 LARSON ERIC&PATRICIA LARSON,ERIC&PATRICIA 2 OAKBROOK CLUB DR C202 0623106043 2 OAKBROOK CLUB DR NO C202 OAKBROOK,IL 60523 OAK BROOK IL 60523 TOTEV T&V KUTEPOVA TOTEV,T&V KUTEPOVA 2 OAKBROOK CLUB DR C201 0623106044 2 OAKBROOK CLUB DR NO 201-C OAKBROOK,IL 60523 OAK BROOK IL 60523 SWATOS JUANITA F TRUST SWATOS,JUANITA F 2 OAKBROOK CLUB DR C203 0623106045 2 OAKBROOK CLUB DR NO C203 OAKBROOK,IL 60523 OAK BROOK IL 60523 HEIL TR SUSAN MARIE HEIL,SUSAN MARIE 2 OAKBROOK CLUB DR C205 0623106046 202 ST MICHAEL CT OAK BROOK IL OAKBROOK,IL 60523 60523 TIANO TR BEATRICE TIANO,FRANK 2 OAKBROOK CLUB DR C206 0623106047 2 OAKBROOK CLUB DR NO C206 OAKBROOK,IL 60523 OAK BROOK IL 60523 FACTOR GREGORY A&ET AL FACTOR,G&G KESSLER 2 OAKBROOK CLUB DR C209 0623106048 2 OAKBROOK CLUB DR NO C209 OAKBROOK,IL 60523 OAK BROOK IL 60523 FARREY,RONALD C&EVA TR FARREY,RON&EVA 2 OAKBROOK CLUB DR B-212 0623106049 2 OAKBROOK CLUB DR UNIT B-212 OAKBROOK,IL 60523 OAK BROOK IL 60523 GRANDINETTI III,P ET AL GRANDINETTI III,PHILLIP 2 OAKBROOK CLUB DR B211 0623106050 2 OAKBROOK CLUB DR UNIT B211 OAKBROOK,IL 60523 OAK BROOK IL 60523 OZOLS,LIVIA OZOLS,LIVIA 2 OAKBROOK CLUB DR 209-B 0623106051 2 OAKBROOK CLUB DR NO 209-B OAKBROOK,IL 60523 OAK BROOK IL 60523 CONNOLLY TR VIRGINIA L CONNOLLY,VIRGINIA L 1 OAKBROOK CLUB DR B202 0623106052 1 OAKBROOK CLUB DR NO B202 OAKBROOK,IL 60523 OAKBROOK IL 60523 BLAKELY TWYLA S BLAKELY,TWYLA S 1 OAKBROOK CLUB DR B-201 0623106053 1 OAKBROOK CLUB DR UNIT B-201 OAKBROOK,IL 60523 OAKBROOK IL 60523 CHICAGO/#2640912.1 Page 4 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] J•3 NAMES Of SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least p Y 4 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. NAME OF PROPERTY MAII.ING Ar) PARCEL PROPLRTY ADDRESS OWNER PROPERTY OWNER NLJMBER RAICHAND ANITA RAICHAND,ANITA 1 OAKBROOK CLUB DR B203 0623106054 1 OAKBROOK CLUB DR NO B 203 OAKBROOK,IL 60523 OAK BROOK IL 60523 SULLIVAN MICHAEL&SUSAN SULLIVAN,MICHAEL&SUSAN 1 OAKBROOK CLUB DR B205 0623106055 1 OAKBROOK CLUB DR UNIT B205 OAK BROOK,IL 60523 OAK BROOK IL 60523 LA SALLE NATL BK 52549 GARVEY,CATHERINE 1 OAKBROOK CLUB DR B206 0623106056 1 OAKBROOK CLUB DR UNIT B206 OAKBROOK,IL 60523 OAK BROOK IL 60523 MC GUIRE JENNIE RAE MC GUIRE,JENNIE RAE 1 OAKBROOK CLUB DR B204 0623106057 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 OAK BROOK IL 60523 LENELL LOUIS&BEVERLY LENELL,LOUIS&BEVERLY 2 OAKBROOK CLUB DR B207 0623106058 2 OAKBROOK CLUB DR NO B207 OAKBROOK,IL 60523 OAK BROOK IL 60523 STANDARD BANK&TR 20220 BECKMANN,RICHARD&MARIE 2 OAKBROOK CLUB DR B208 0623106059 2 OAKBROOK CLUB DR NO B208 OAKBROOK,IL 60523 OAK BROOK IL 60523 MAENZA MICHAEL MAENZA,MICHAEL 2 OAKBROOK CLUB DR B210 0623106060 2 OAKBROOK CLUB NO B 210 OAKBROOK,IL 60523 OAK BROOK IL 60523 WASOWICZ TR PATRICIA WASOWICZ,PATRICIA 1 OAKBROOK CLUB DR A205 0623106061 1 OAKBROOK CLUB DR NO A-205 OAKBROOK,IL 60523 OAK BROOK IL 60523 OAK BROOK BK TR 3422 CHRISTOU,ANGELINE ONE OAKBROOK CLUB DR A-206 0623106062 ONE OAKBROOK CLUB DR NO A-206 OAKBROOK,IL 60523 OAK BROOK IL 60523 MERRION THERESE C MERRION,THERESE C 1 OAKBROOK CLUB DR A204 0623106063 1 OAK BROOK CLUB NO A-204 OAKBROOK,IL 60523 OAK BROOK IL 60523 OLSON HAROLD&VIVIAN OLSON,HAROLD T 1 OAKBROOK CLUB DR A208 0623106064 1 OAKBROOK CLUB DR NO A208 OAKBROOK,IL 60523 OAK BROOK IL 60523 MANATA JAKE F MANATA,JAKE F 1 OAKBROOK CLUB DR A207 0623106065 1 OAKBROOK CLUB DR NO A207 OAKBROOK,IL 60523 OAK BROOK IL 60523 BELCASTER LARRY R BELCASTER,LARRY R 1 OAKBROOK CLUB DR A210 0623106066 1 OAKBROOK CLUB DR NO A210 OAKBROOK,IL 60523 OAK BROOK IL 60523 PATRIAN FRANK&FOTINA PATRIAN,FRANK&FOTINA 1 OAKBROOK CLUB DR A212 0623106067 1 OAKBROOK CLUB DR UNIT A212 OAKBROOK,IL 60523 OAK BROOK IL 60523 DRAMM TR JOHN E DRAMM,JOHN E 1 OAKBROOK CLUB DR A211 0623106068 1 OAKBROOK CLUB DR NO A211 OAKBROOK,IL 60523 OAKBROOK IL 60523 CHICAGO/#2640912.1 Page 5 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] l - • NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. ADDRESS OF PA OWNER PROPERTY OWNER DUDRECK ISABELLA E TR DUDRECK,ISABELLA E 1 OAKBROOK CLUB DR A209 0623106069 70 OSPREY CIR OAKBROOK,IL 60523 OKATIE SC 29909 ROMANELLI JANEANA F ROMANELLI,JANEANA F I OAKBROOK CLUB DR A201 0623106070 1 OAKBROOK CLUB DR UNIT A201 OAKBROOK,IL 60523 OAK BROOK IL 60523 THIRY JAN R&S R THIRY,JAN R&S R 1 OAK BROOK CLUB A-202 0623106071 1 OAK BROOK CLUB NO A202 OAKBROOK,IL 60523 OAK BROOK IL 60523 0 CALLAGHAN MARY A 0 CALLAGHAN,MARY A 1 OAKBROOK CLUB DR A203 0623106072 1 OAKBROOK CLUB DR NO A203 OAKBROOK,IL 60523 OAK BROOK IL 60523 FIORENTINO PATRICIA C FIORENTINO,PATRICIA C 2 OAKBROOK CLUB DR C311 0623106073 2 OAKBROOK CLUB DR UNIT C311 OAKBROOK,IL 60523 OAK BROOK IL 60523 SARHADDI PATRICIA A TR SARHADDI,PATRICIA A 2 OAKBROOK CLUB DR C312 0623106074 2 OAKBROOK CLUB DR UNIT C312 OAKBROOK,IL 60523 OAK BROOK IL 60523 2 OAKBROOK CIR DR#C312TR 2 OAKBROOK CIR DR#C312TR 2 OAKBROOK CLUB DR C-310 0623106075 2 OAKBROOK CLUB DR NO C310 OAKBROOK,IL 60523 OAK BROOK IL 60523 COHEN TR BRUCE COHEN TR,BRUCE 2 OAKBROOK CLUB DR C-308 0623106076 2 OAKBROOK CLUB DR UNIT C-308 OAKBROOK,IL 60523 OAK BROOK IL 60523 BITSAS TR THEODORA BITSAS,THEODORA 2 OAKBROOK CLUB DR C-307 0623106077 2 OAKBROOK CLUB DR NO C-307 OAKBROOK,IL 60523 OAK BROOK IL 60523 ROSENWINKEL MALINDA M ROSENWINKEL,MALINDA M 2 OAKBROOK CLUB DR C304 0623106078 2 OAKBROOK CLUB DR NO C-304 OAKBROOK,IL 60523 OAK BROOK IL 60523 MC FARLANE JAMES&JUDITH MC FARLANE,JAMES&JUDITH 2 OAKBROOK CLUB DR 302C 0623106079 2 OAK BROOK CLUB NO 302C OAKBROOK,IL 60523 OAK BROOK IL 60523 SPARKS MARY E SPARKS,MARY E 2 OAKBROOK CLUB DR C301 0623106080 2 OAKBROOK CLUB DR UNIT C301 OAKBROOK,IL 60523 OAK BROOK IL 60523 AMBROSE JEANNE M AMBROSE,JEANNE M 2 OAKBROOK CLUB DR C303 0623106081 2 OAKBROOK CLUB DR NO C303 OAKBROOK,IL 60523 OAK BROOK IL 60523 LINARDAKIS TR LAMBRINI J LINARDAKIS,LAM 3RIM J 2 OAKBROOK CLUB DR C305 0623106082 2 OAKBROOK CLUB DR NO C305 OAKBROOK,IL 60523 OAKBROOK IL 60523 WANG LORRAINE T WANG,LORRAINE 2 OAKBROOK CLUB DR C306 0623106083 2 OAKBROOK CLUB DR NO C306 OAKBROOK,IL 60523 OAK BROOK IL 60523 CHICAGO/#2640912.1 Page 6 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] S J r NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses areas they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing Label for each Property Owner listed. P Y •, • • • ' • NUMBER CRUCIOTTI LOUIS&G TR CRUCIOTTI,LOUIS&G 2 OAKBROOK CLUB DR C309 0623106084 2 OAKBROOK CLUB DR UNIT C309 OAKBROOK,IL 60523 OAK BROOK IL 60523 PULLANO ANDREA H PULLANO,ANDREA H 2 OAKBROOK CLUB DR B312 0623106085 2 OAKBROOK CLUB DR UNIT B-312 OAKBROOK,IL 60523 OAK BROOK IL 60523 VENN TR MYRARITA VENN,MYRARITA 2 OAKBROOK CLUB DR B311 0623106086 2 OAKBROOK CLUB DR NO B311 OAKBROOK,IL 60523 OAK BROOK IL 60523 MAU THEODORE J&KRISTY MAU,THEODORE J&KRISTY 2 OAKBROOK CLUB DR B309 0623106087 2 OAKBROOK CLUB DR NO B309 OAKBROOK,IL 60523 OAK BROOK IL 60523 GARDNER NYDIA J GARDNER,NYDIA J 1 OAKBROOK CLUB DR B302 0623106088 1 OAKBROOK CLUB DR UNIT B302 OAKBROOK,IL 60523 OAK BROOK IL 60523 BARTZ FAMILY PARTNERSHIP BARTZ,JACK&CHERYL 1 OAKBROOK CLUB DR B301 0623106089 1 OAK BROOK CLUB D UNIT B301 OAKBROOK,IL 60523 OAK BROOK IL 60523 OBALIL CHARLES G OBALIL,CHARLES G 1 OAKBROOK CLUB DR B303 0623106090 1 OAKBROOK CLUB DR NO B303 OAKBROOK,IL 60523 OAK BROOK IL 60523 CICIORA TR ALEXANDER J CICIORA,ALEXANDER J 1 OAKBROOK CLUB DR B305 0623106091 1 OAKBROOK CLUB DR NO 305B OAKBROOK,IL 60523 OAK BROOK IL 60523 0 CONNOR ANN 0 CONNOR,ANN 1 OAKBROOK CLUB DR B306 0623106092 1 OAKBROOK CLUB DR UNIT B306 OAKBROOK,IL 60523 OAK BROOK IL 60523 STANDARD BK&TR 20213 GREGORIO,JOSEPHINE A 1 OAKBROOK CLUB DR B304 0623106093 1 OAKBROOK CLUB DR NO B304 OAKBROOK,IL 60523 OAK BROOK IL 60523 YOUNG ARNOLD L&RENEE M YOUNG,ARNOLD L&RENEE M 2 OAKBROOK CLUB DR B307 0623106094 2 OAKBROOK CLUB DR NO B307 OAKBROOK,IL 60523 OAK BROOK IL 60523 KOUTEK PAUL KOUTEK,PAUL 2 S OAK BROOK CLUB B308 0623106095 2 S OAK BROOK CLUB UNIT B308 OAKBROOK,IL 60523 OAK BROOK IL 60523 SCHWAB ANTHONY J SCHWAB,ANTHONY 2 OAKBROOK CLUB DR B310 0623106096 2 OAKBROOK CLUB DR NO B310 OAKBROOK,IL 60523 OAK BROOK IL 60523 OAK BROOK BANK REID,JAMES H 1 OAKBROOK CLUB DR A305 0623106097 1 OAKBROOK CLUB DR NO 305-A OAKBROOK,IL 60523 OAK BROOK IL 60523 SOTIONO TR YEH,SYLVIA 1 OAKBROOK CLUB DR A306 0623106098 1 OAKBROOK CLUB DR UNIT A306 OAKBROOK,IL 60523 OAK BROOK IL 60523 MC INEREY MICHAEL J&G MC INERNEY,MICHAEL J&G 1 OAKBROOK CLUB DR A304 0623106099 1 OAKBROOK CLUB DR NO A304 OAKBROOK,IL 60523 OAKBROOK IL 60523 CHICAGO/#2640912.1 Page 7 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. PARCEL • OWNER MONDO SR ROBT&KAREN MONDO SR,ROBT&KAREN 1 OAKBROOK CLUB DR A308 0623106100 1 OAKBROOK CLUB DR UNIT A308 OAKBROOK,IL 60523 OAK BROOK IL 60523 CARNEVALE MARILYN CARNEVALE,MARILYN 1 OAK BROOK CLUBA307 0623106101 1 OAK BROOK CLUB UNIT A307 OAKBROOK,IL 60523 OAK BROOK IL 60523 LEAFSTONE MILDRED&H LEAFSTONE,MILDRED&H 1 OAKBROOK CLUB DR A-310 0623106102 1 OAKBROOK CLUB DR NO A310 OAKBROOK,IL 60523 OAK BROOK IL 60523 WADOWSKI MAUREEN T TR WADOWSKI,MAUREEN T 1 OAKBROOK CLUB DR A312 0623106103 1 OAKBROOK CLUB DR UNIT A312 OAKBROOK,IL 60523 OAK BROOK IL 60523 WEST SUBURBAN BANK WEST SUBURBAN BANK 1 OAKBROOK CLUB DR A311 0623106104 711 S WESTMORE AVE OAKBROOK,IL 60523 LOMBARD IL 60148 RENTAS TR DENISE M RENTAS,DENISE M 1 OAKBROOK CLUB DR A309 1 OAKBROOK CLUB DR NO A309 OAKBROOK,IL 60523 0623106105 OAK BROOK IL 60523 RUMMEL THEODORE RUMMEL,GEORGINA 1 OAKBROOK CLUB DR A301 0623106106 1 OAKBROOK CLUB DR NO A301 OAKBROOK,IL 60523 OAK BROOK IL 60523 GORZ TR DON A&K T GORZ,DON A 1 OAKBROOK CLUB DR A302 0623106107 1 OAKBROOK CLUB DR NO A302 OAKBROOK,IL 60523 OAK BROOK IL 60523 HOLMES EARLE R TRUSTEE HOLMES,EARLE R 1 OAKBROOK CLUB DRA-303 0623106108 1 OAKBROOK CLUB DR NO A-303 OAKBROOK,IL 60523 OAK BROOK IL 60523 MELE DOROTHY S TR MELE,DOROTHY S 2 OAKBROOK CLUB DR 13110 0623106110 2 OAKBROOK CLUB DR UNIT B 110 OAKBROOK,IL 60523 OAK BROOK IL 60523 OAK BROOK CLUB INC OAK BROOK CLUB INC OAKBROOK CLUB DR 0623109004 1 OAKBROOK CLUB DR OAKBROOK,IL 60523 OAK BROOK IL 60523 SEARS ROEBUCK&CO SEARS ROEBUCK&CO 2 OAKBROOK CTR MAL 0623300022 D768TAX B2-116A OAKBROOK,IL 60523 3333 BEVERLY RD HOFFMAN ESTATES IL 60192 TEACHER RETIREMENT OAK BROOK SHOPPING CENTER C/O 22ND &83 0623300024 SYSTEM PROPERTY TAX DEPT OAKBROOK,IL 60523 PO BOX 617905 CHICAGO IL 60661 SEARS ROEBUCK&CO SEARS ROEBUCK&CO 2 OAKBROOK CNTR MA 0623300025 D768TAX 132-116A OAKBROOK,IL 60523 3333 BEVERLY RD HOFFMAN ESTS IL 60192 CHICAGO/#2640912.1 Page 8 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] 5 7 • • NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of at least 500 feet in all directions. Said names and addresses are as they appear from the authentic tax records of the Township Assessor's Office of DuPage County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. AL)ORESS OF PARCEL PROPERTY AuL�REss PROPLRTY OWNER TEACHER RETIREMENT OAK BROOK SHOPPING CENTER 22ND&83 0623300030 SYSTEM C/O PROPERTY TAX DEPT OAK BROOK,IL 60523 PO BOX 617905 CHICAGO IL 60661 [MACY'S] MACYS TAX DEPT [NONE GIVEN] 0623300031 7 W SEVENTH ST CINCINNATI OH 45202 TEACHER RETIREMENT OAK BROOK SHOPPING CENTER 22ND&83RD 0623300044 SYSTEM C/O PROPERTY TAX DEPT OAK BROOK,IL 60523 PO BOX 617905 CHICAGO IL 60661 TEACHER RETIREMENT NORDSTROM INC 22ND&83 0623300047 SYSTEM ATTN TAX DEPT OAK BROOK,IL 60523 PO BOX 2229 SEATTLE WA 98111 TEACHER RETIREMENT OAK BROOK SHOPPING CENTER 22ND&83 0623300049 SYSTEM C/O PROPERTY TAX DEPT OAK BROOK,IL 60523 P 0 BOX 617905 CHICAGO IL 60661-7905 OAKBROOK CENTER EAST LLC GENERAL GROWTH PROPERTIES 22ND&83RD 0623300052 110 N WACKER DR OAK BROOK,IL 60523 CHICAGO IL 60606-0000 TEACHER RETIREMENT OAK BROOK SHOPPING CENTER 22ND&83RD 0623300054 SYSTEM C/O PROPERTY TAX DEPT OAK BROOK,IL 60523 P 0 BOX 617905 CHICAGO IL 60661-7905 SJ 1900 SPRING ROAD LLC AMERICAN REALTY ADVISORS 1900 SPRING RD 0623302003 C/O MARVIN F POER&CO OAK BROOK,IL 60523 2211 YORK RD UNIT 222 OAK BROOK IL 60523 �I CHICAGO/#2640912.1 Page 9 of 9 [REFER TO MAILING LABELS FOR ACTUAL FORMATTING] ;1.8` VEDDERPRICE DANIELLE MELTZER CASSEL 222 NORTH LASALLE STREET,SUITE 2600 CHICAGO ILLINOIS 60601 312-609-7962 d ac __ea= I_ dd rice.com November 18,2014 Dear Property Owner/Taxpayer of Record: The Village of Oak Brook Planned Development Commission will be considering the proposed planned development described in the enclosed Legal Notice(the"Village Legal Notice"). Hearin: gam} STRW ___-____-_ ---- Thursday,December 11,2014, ------------ - -------- ( 1 7:00 p.m. Samuel E.Dean Board Room ; of the Butler Government Center, i `° Village of Oak Brook, 1200 Oak Brook Road, ; Oak Brook,Illinois 60523. P Applicant• x� t_____ Oakbrook Shopping Center,LLC c/o General Growth Properties 110 North Wacker Drive + Chicago,IL 60606 d Relationship of Applicant to Subject Property: Owner. ; Location of Subject Proverty: csj , ' "°' °• Please refer to the legal description 1r, ` , l in the Village Legal Notice for CK, ``1 Subject Property boundaries. They image to the right is provided for z; reference purposes only to assist you I in determining the proximity of your i property to the Subject Property _ _______________.-% (which is shaded) ----------- (which 22ND STREET Sources for Additional Information about the Subject Application: Village of Oak Brook Community Development Department, 630-368-5103,between 8-4,Monday through Friday, 1200 Oak Brook Road,Oak Brook,IL 60523. Danielle Meltzer Cassel,Vedder Price, PC, 222 N.LaSalle St., Chicago, IL 60601;dcassel ,vedderprice.com; 312- 609-7962(attorney for Applicant in connection with the subject application). Richard Fleming,Senior General Manger of Oakbrook Center(630)573-0700. Thank you very much for your attention. r Very truly yours, VEDDER PRICE P.C. Danielle Meltzer Cassel cc: (By Electronic Mail,with copies of Enclosures) Bob Kallien,Gail Polanek,Richard Fleming,Ben Freeman,Andrew Massmann Yedder Prise P.C.is affiliated with Madder Price LLP,which operates in England and Wales,and with Vedder Price ICAI,I.I.P.which operates in California. 2640543.1 k -------------------------------------- STATION E CHICAGO, Illinois 606013218 1615420012-0095 11/18/2014 (800)275-8777 04:51:39 PM ------------------ Sales Receipt Product Sale Unit Final Description Qty Price Price Pre-paid Mailpiece Acceptance 0 lbs. 7.00 oz. RITTMAN, OH 44270 Acceptance Date:11/18/2014 4:50:21 PM Label#:EI86337079OUS Pre-paid Mailpiece Acceptance 0 lbs. 12.70 oz. NORTH WILKESBORO, NC 28659 Acceptance Date:11/18/2014 4:51:07 PM Label#:EI863370786US Pre-paid Mailpiece Acceptance 0 lbs. 12.60 oz. NORTH WILKESBORO, NC 28659 Acceptance Date:11/18/2014 4:51:35 PM Label#:EI8633707. S Total: $0.00 Paid by: BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. In a hurry? Self-service kiosks offer quick and easy check-out. Any j Retail Associate can show you how. In a hurry? Self-service kiosks offer quick and easy check-out. Any i Retail Associate can show you how. i Order stamps at usps.com/shop or call 1-800-Stamp24. Go to F '..• i.enL+, nnm./,n.7.,i,nL.noli n.:}n..,n r.i.!3#............. Oakbrook Center Proposed Theater Planned Development 0 Applicant Notes from November 18,2014 Meeting with The Oak Brook Club Page 1 of 2 Jeff Kennedy introduced the members of the Applicant team in attendance (Chuck Fleming, Ben Freeman and Danielle Cassel) and thanked Applicant for proposing this meeting. Jeff also noted his appreciation that Applicant has been responsive to Oak Brook Club ("OBC'D requests to replace dead trees along 16th Street. Chuck Fleming made the presentation, noting that he has worked at Oakbrook Center since 1990 and asked for this meeting "because we're neighbors, and as we go through the Village process for Planned Developments,we wanted this opportunity to hear from you." Chuck gave an overview of the multi-million dollar renewal of the Oakbrook Center Common Areas, particularly the new landscaping, fountains, hadscaping, lighting, soft seating, and warming pavilions. Chuck noted that the Common Area and other improvements to the Center, including the proposed Theater Planned Development, is (in part) because customer surveys were showing a demand for more amenities,easy food,entertainment,and experiences. Chuck reviewed other recent developments at the Center, including: (1) reconfiguring the former Bloomingdale's Home building (now first-to-market Pirch on the top floor,The Container Store on first floor, and multiple tenants on the middle level, including Hugo Boss, Aritzia, Lululemon, and Tommy Bahama);(2) regaining control of the lower level of the Neiman Marcus building;(3) expanding the current number of white-table-cloth restaurants to thirteen, including Perry's Steakhouse, and the more casual offering in the Old Town Pour House; (3) complete transformation,exterior and interior,of the hotel site, which is now open and operating as Hotel Le Meridien; and (4) installation of the Village Green Digital screen in July 2014. Chuck noted that children's films were shown on Wednesday nights in August, and this initial run was a.success. Plans for 2015 are to also show older, classic movies, for adults, and to start screenings closer to Memorial Day. Regarding new restaurants, Chuck noted that Pinstripes, despite concerns during the pre-approval process, has been operating well and has not resulted in noise or traffic problems. Chuck next encouraged everyone to bring their kids and grandkids to the Center's new Adventure to Santa,in collaboration with Dream Works Animation (one of only 6 in the United States) and to visit the Christkindlmarket. Chuck then provided an overview of the proposed plans and also noted that the existing 4-screen theater would reopen. Chuck said the expectation is that this smaller theater, which is not part of the planned development, would probably show first-run movies until the new Theater is constructed, and then may show more limited-run,art films.) Resident Comments and Questions followed. (Responses are shown in brackets and italics, though responses to questions that were unrelated to the project are omitted.) (1) How do I sign up to see Santa Claus? (2) Why does the North fagade of the theater building have the wings? [Ben Freeman responded with an explanation of how using the wall as a screen will improve the building appearance.] (3) What's the construction schedule? [Applicant team responded by saying it would like to start construction in Spring 2015 and be operational before the end of 2016.] (4) What's the expected traffic impact? [Applicant team responded by saying that the trafc study is showing only very minor increase..] (5) Will we be able to walk across 16'' Street and access the new buildings? [Chuck responded that Applicant has wanted to create a betterpedestrian connection for a long time, but first needed to sort out how this area of the Center would be developed] (6) What lights will be visible? [Chuck responded that he anticipates very little Ii htingfrom the Theater Building 2647947.1 Oakbrook Center Proposed Theater Planned Development AVulicant Notes from November 18 2014 Meeting with The Oak Brook Club Page 2 of 2 would be visible from Oak Brook Club, because the Red Parking Deck acts as a block.] (7) How many parking spaces are being added? [Applicant Response: approximatej 500 total, and that total includes and replacement of the existing surface lot paces.] (8) Who can use the spaces in the new garage? [Chuck's response:everyone.] (9) What are the expected movie operating hours? [Ben: Hours aren't fully known yet, but closing will probably be around 19:30 p.m-midnight, commensurate with Old Town Pour House.] (10) What movies will be shown? [Chuck response: We expect higher-end movies,particularly because them may be an approximately 20-25%premium on ticket cost. Each individual theater is small. The business model and theater build-out not typical volume-based pro gram like Yorktown.]Why did older theater close? [Chuck: The Cineplex Odeon building was old and was not set up with the right side to succeed Also, the mall owners really wanted to prioritise bringing new restaurants, like the Cheesecake Factory that replaced the old theater.] (11) What types of restaurants will there be? [Ben. We'd like to have local restaurateurs and fast casual dining including options that are more convenient for the day-time office population to have lunch. There won't be the e of food courtyou'd expect in a lower-quality mall, but there could be multple vendors, smaller formats, and common seating areas.] (12) Concern was expressed about drive-throughs. [Chuck: There won't be any] Yorktown is also renovating theaters. Why will this succeed when other on-site theaters didn't survive? [Chuck: We have a lot of confidence in this theater's success given the synergy we'll create with adjacent retail and restaurants And, the theater tenant is an excellent operator.] Will security be increased? [Chuck: Yes.] What's going to happen with the Spring Road office buildings? [Chuck: We expect one will be demolished in 2016 or 2017 and another will be significantly renovated inside and out.] (13) When Restaurant Row is busy, there's no nearby parking, only valet. [Response:Agreed We're always looking for ways to improve parking distributions, but that area of the Center is particularly constrained] (14) Will there by new vehicular entrances from the street? [Response: No.] Will there be infrastructure to keep the theater parking area clean? [Chuck: Yes That's myjob.] (15) I've never heard the garages referred to by color. (Ben and Chuck agree and said new wayfinding signage is in the works to improve customer orientation and navigation.] (16) When will the new wayfinding signage and 16'' Street pedestrian improvements be done? [Chuck We'll work for the improvements to coincide with the theater construction and opening schedule in 2096.) (17) Construction Noise? [Chuck. Yes, but it will mostly be within the Center, and we know how to comply with the strict Village limits) (18) What's going on with Sears? [Chuck:Sears owns their own land and building and has started to lease some space as a landlord] (19) We're hopeful for your success —but worried about Spring Road traffic and U-turns related to the Drury Lane Theater. (20) Route 83 area is a bit of an eyesore with the plows. [Chuck: I have to keep the plows on-site, though we are looking long-term, at new landscaping along Route 83. Chuck and Ben described the brand identity signage at the Center. The older monument signage at the periphery will be coordinated with the interior quality and character in conjunction with the theater construction schedule.] (21). Chase lot bridge? [Chuck. not ourpropery J (22) What will be the specific percentages of traffic change? [Response: The amount of detail in the traffic study makes it hard to answer such a broad question, but no intersection worsens by a level of service. Those pith particular detailed traffic concerns were encouraged to review the traffic study, which is included in the PD submittal. Jeff Kennedy concluded the meeting, thanking the Applicant team, noting he thought there were approximately 60 people in the audience and urging Applicant to create a pedestrian crossing solution for 16''soon. 2647947.1 Subject Property Verification (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 - 23 - 300 - 049 (portion only) 2. Common Address: N/A(this is an irregularly shaped,land-locked portion of the existing common area at Oakbrook Center 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) Situated on Illinois State Route "83", in the Village of Oakbrook, DuPage County, Illinois Lands being a part of Lot 5 of Oakbrook Terrace, being a subdivision of part of Section 23, Township 39 North, Range 11 East of the 3rd Principal Meridian, DuPage County, Illinois, bounded and described as follows: Commencing at the Northeast corner of Lot 5 of Oakbrook Terrace; thence South 01 005'38"West along the East line of said Lot 5 a distance of 674.01 feet to a point; thence North 88 054'22"West 66.42 feet to a point; thence South 51034'24"West along the Southeasterly line of Lot 1 in Nordstrom Assessment Plat and its extension 264.08 feet to the Southerly most Corner of said Lot 1; thence North 38 025'36"West along the Southwesterly Line of said Lot 217.60 feet to the point of beginning of lands to be described; thence South 51034'56"West 56.93 feet to a point; thence South 15 055'04" East 32.13 feet to a point; thence South 5103456"West 301.98 feet to a point; thence South 68°20'31"West 50.65 feet to a point; thence South 55 044'21"West 33.02 feet to a point; thence South 44°30'05"West 38.66 feet to a point in Easterly line of Lot 6 of Oakbrook Terrace; thence North 38 025'04"West along said Easterly line 343.21 feet to A Southerly corner of Lot 7 of Oakbrook Terrace; thence North 51034'56" East along the Easterly line of said Lot 350.03 feet to the Easterly corner of said Lot; thence North 01°05'31" East along said easterly line 221.45 feet to a point in the extension of the Southwesterly line of Lot 1 of Nordstrom Assessment Plat; thence South 38 025'36" East along said Southwesterly line and its extension 496.61 feet to the point of beginning,Containing 183,245 square feet or 4.2067 Acres The Permanent Index Number, Common Address and Legal information provided has been verified as follows: Janell Allen (630-407-5540),per DuPage County Records/Research Room: (630-682-7398) Contact Person: referral from Kim Gallavan) Date called: November 13,2014 1 verify that the information provided above is accurate. Danielle Meltzer Cassel '19. ZA4 1/� Printed Name Signature Date: November 14,2014 Relationship to Applicant: Attorney for this project PLANNED DEVELOPMENT APPLICATION 7-2011 L. PROPERTY EXHIBIT OMOROOK MALL - PUD AREA Situated on Illinois State Route"83",in the Village of Oakbrook,DuPage County, Illinois Lands being a part of Lot 5 of Oakbrook Terrace,being a subdivision of part of Section 23,Township 39 North, Range 11 East of the 3rd Principal Meridian,DuPage County,Illinois,bounded and described as follows; Commencing at the Northeast corner of Lot 5 of Oakbrook Terrace;thence South 01°05'38"West along the East line of said Lot 5 a distance of 674.01 feet to a point;thence North 88°54'22"West 66.42 feet to a point;thence South 51°34'24"West along the Southeasterly line of Lot 1 in Nordstrom Assessment Plat and its extension 264.08 feet to the Southerly most Comer of said Lot 1;thence North 38°25'36"West along the Southwesterly Line of said Lot 217.60 feet to the point of beginning of lands to be described;thence South 51°34'56"West 56.93 feet to a point; thence South 15°55'04"East 32.13 feet to a point;thence South 51°34'56"West 301.98 feet to a point;thence South 68°20'31"West 50.65 feet Z to a point;thence South 55°44'21"West 33.02 feet to a point;thence South 44°30'05"West 38.66 feet to a point in Easterly line of Lot 6 of Oakbrook Terrace;thence North 38°25'04"West along said Easterly line 343.21 feet to A Southerly corner of Lot 7 of Oakbrook Terrace;thence North 51°34'56"East along the Easterly line of said Lot 350.03 feet to the Easterly corner of said Lot;thence North 01°05'31"East along said Q easterly line 221.45 feet to a point in the extension of the Southwesterly line of Lot 1 of Nordstrom Assessment Plat;thence South 38°25'36"East a along said Southwesterly line and its extension 496.61 feet to the point of beginning, Containing 183,245 square feet or 4.2067 Acres SHEET 3 OF 3 L�/ FRED BUCHOLZ DUPAGE COUNTY RECORDER JUL.06,2012 RHSP 1:36 PM OTHER 06-23-300-036 i 029 PAGES R2012-086775 This document was prepared by an Andrew P.Massmann,Esq. General Growth Properties,Inc. 110 North Wacker Drive Chicago,Illinois 60606 RECIPROCAL EASEMENT AGREEMENT U THIS RECIPROCAL EASEMENT AGREEMENT(this"Agreement")is made as of the 29th day of June, 2012, by and between OAKBROOK SHOPPING CEN'T'ER,.LLC, a Delaware limited liability company ("Developer"), having its principal offices at 110 N. Wacker Drive, Chicago, Illinois 60606, and OAKBROOK CENTER EAST, LLC, a Delaware limited liability company("Affiliate"), having its principal offices at 110 N. Wacker Drive, Chicago, Illinois 60606. Developer and Affiliate ti may sometimes each be referred to herein as a"Party"and collectively as the"Parties". Z RECITAL OF FACTS A. Developer is the owner of the Mall Parcel(as defined below),which includes a parcel of land located in Oak Brook,Illinois designated as Lot 4 on the attached Exhibit A("Lot 4"). B. Developer has transferred to Affiliate, and Affiliate is now the owner of the three (3) parcels of land located in Oak Brook, Illinois, designated'as Lot 1, Lot 2, and Lot 3 on the attached Exhibit A(individually"Lot 1","Lot 2",and"Lot 3",and collectively the"Site"). C. The Parties each desire to grant to each other certain rights,privileges and-easements and to impose certain restrictions and covenants upon their respective Parcels. (as defined below) for the E benefit of the respective Parcels of the Parties and their Occupants and Permittees (as such terms are defined below);and D. The Parties intend to set forth in this Agreement their rights, obligations, duties and responsibilities in connection with the development and use of, and the building and operations on, the Site and the Mall Parcel,and to make other covenants and agreements with each other; NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein and intending to be legally bound,the Parties agree as follows: First American Title Insurance Company Attn:Deborah Cross 30 N.LaSalle St,Suite 2700 Chicago,IL 60602 ARTICLE I DEFINITIONS Section 1.1 Terms Defined. As used in this Agreement, the following terms will have the following meanings: (a) "Access Roads" means the access roads and/or entrances connecting portions of the Site and the Mall Parcel with the public roads and/or highways adjacent to the perimeter of the Site and the Mall Parcel and all interior roads within the Site and the Mall Parcel. (b) "Accounting Period" means a calendar year commencing January 1 and ending December 31. (c) "Building"means any building which may from time to time be located on a Parcel. (d) "Common Area"means all of those portions of the Site and the Mall Parcel as they may from time to time exist that are intended to be and will be available from time to time for the general non-exclusive use of the Parties, the Occupants and Permittees. Common Area will include the Access Roads, the Parking Areas, the Common Utility Facilities, sidewalks, stairways, walkways and curbs, Perimeter Sidewalks, and landscaped and planted areas. The Common Area will not include any portion of the Site or the Mall Parcel which is within the exterior fagade of the exterior walls of a Building, the Truck j i Facilities (other than roadways leading thereto), or the landscaped area between a Building and the inner edge of the Perimeter Sidewalk adjacent to such Building. This definition of Common Area is intended to include everything outside the exterior fagade of the exterior walls of the Parties' Buildings except for the Truck Facilities (other than roadways leading thereto)and the landscaped area between a Building and the inner edge of the Perimeter Sidewalk adjacent to such Building. Notwithstanding the foregoing or any provision to the contrary contained in this Agreement,the Common Area on the Mall Parcel that is subject to the terms and provision of this Agreement is limited to the Access Roads, the Parking Areas, the Perimeter Sidewalks, and the Common Utilities Facilities located on the Mall Parcel, and this Agreement shall not apply to any other portion of the Mall Parcel or the Mall. i I (e) Common Area Maintenance Budget" means a budget prepared by Developer for the Common Area Maintenance Cost for the Site. (f) "Common Area Maintenance Cost" means the total of all costs and expenses under j generally accepted accounting principles incurred by Developer that are applicable to an j Accounting Period relating to the operation, security, management, maintenance, repair, and replacement of the Common Area on the Site. (g) "Common Utility Facilities" means storm drainage facilities,detention and/or retention III areas, wetlands preservation areas, sanitary sewer systems, gas lines, water lines and systems, fire protection installations (including any booster pumps required by fire j insurance rating organizations of any Party),underground(except for junction boxes and transformers) electric power and telephone cables and lines and cable television systems t for security purposes and cable television reception, if any, and other forms of energy, signals or services that are available for service to and used by more than one Party, j 2 I which facilities are located on or off the Site, whether existing as of the date of this Agreement or hereinafter installed, for their respective Buildings and/or the Common Area Common Utility Facilities will not include (i) those facilities, if any, that are available only for the exclusive use of any Party or its Buildings, and(ii) such facilities located within five (5) feet from the building line of the Building of any Party, and the Building of that Party, which facilities will be deemed, for the purpose of maintenance, repair, Rebuilding (as defined below) and insurance, to be part of such Building. The Parties acknowledge and agree that while the central plant located on the Office Parcels that currently provides heating and cooling services to the Buildings on the Hotel Parcel and the Office Parcels(the"Central Plant") is located on the Site and does not serve the Mall Parcel such central plant shall be part of the Common Utility Facilities maintained by Developer pursuant to' this Agreement until such time as Affiliate elects to decommission the Central Plant or take over the maintenance and operation of the Central Plant pursuant to Section 5.4 of this Agreement. i (h) "Developer Deed" means that certain Instrument dated November 1, 1960 by and between Marshall Field&Company and Oakbrook Terrace,Inc.recorded in Book 1008, I Page 198 of the Recorder's Office of DuPage County,Illinois. (i) "Hazardous Materials" will have the meaning set forth in Section 15.18 of this Agreement. i (j) "Hotel Parcel"means Lot 3 as designated and described on Exhibit A. i (k) "Mall" means the area of the multi-level mall structure and related improvements currently constructed upon the Mall Parcel,as may be altered and modified from time to time. ! (1) "Mall Parcel" means those parcels of land located in Oak Brook, Illinois described in the attached Exhibit B. (m) "Occupant"means any Party to the extent that it occupies any portion of a Building,and any other Person, that from time to time is entitled to the use and occupancy of any portion of a Building or a Parcel. i (n) "Office Parcels"means Lot 1 and Lot 2 as designated and described on Exhibit A. (o) "Parcel"means any of Lot 1,Lot 2,Lot 3,and the Mall Parcel,as applicable. (p) "Parking Areas" means all portions of the Site and the Mall Parcel dedicated for automobile parking from time to time. (q) "Perimeter Sidewalks" means the sidewalk and stairways, excluding curbs, along any exterior perimeter of the Parties'respective Buildings. (r) "Permittee" means the officers, directors, employees, agents, contractors, subcontractors, patrons, customers, visitors, invitees, tenants, subtenants, licensees and ! concessionaires of an Occupant. 3 (s) "Person" means any individual, partnership, firm, association, corporation, or any other form of legal entity. j (t) "Project Standards"means the then prevailing standards of operation and maintenance of other first-class retail, commercial, or mixed-use projects located in the proximate market of the Mall Parcel. u "Sears Deed" means that certain Instrument dated November 1, 1960 by and between Marshall Field & Company and Sears, Roebuck and Co. recorded.in Book 1008, Page 317 of the DuPage County Recorder's Office. i (v) "Termination Date" shall mean the date which is ninety-one (91) years from the date hereof. (w) "Truck Facilities"means truck courts and docks and ramps contiguous thereto,areas for truck loading,unloading,turn around and/or truck parking. Section 1.2 Additions or Replacements. Any reference in any deemed term in this f Agreement to any construction or improvement whatsoever will be deemed to also refer to any expansion, alteration, reconstruction or replacement thereof pursuant to this Agreement, unless the express language of such reference indicates otherwise. Section 1.3 Recitals. The recitals are incorporated herein by reference. i ARTICLE II i GRANT OF EASEMENTS Section 2.1 Definitions and Documentation. This Article II sets forth the easements, and the terms and conditions thereof,which the respective Parties hereby grant to each other for the benefit of their Parcels,Occupants and Permittees. As used in this Article: (a) a Party granting an easement is referred to as the "Grantor" thereof, it being intended that the grant will thereby bind and include not only such Party but its successors and assigns as well; i (b) a Party to which an easement is granted is referred to as the "Grantee"thereof, it being intended that the grant will benefit and include not only such Party but its successors and assigns as well; and (c) the word "in", in respect of an easement grant in a particular Parcel means, as the context may require, "in", 'to , on", over", through , upon , across an or "under". As to the easements herein granted, (i) the grant of a particular easement by a Grantor shall bind and burden its Parcel which will, for the purpose of this Article II, be deemed to be a servient tenement, but where 4 I I� only a portion thereof is bound and burdened by the particular easement, only that portion thereof so bound and burdened will be deemed to be the servient tenement; I (ii) the grant of a particular easement to'a Grantee shall benefit its respective Parcel which I shall, for the purpose of this Article 11, be deemed to be the dominant tenement, but where only a portion thereof is so benefited, only that portion will be deemed to be the dominant tenement; (iii) each easement granted herein shall be deemed to be non-exclusive unless and to the i extent that it is specifically designated as being exclusive; (iv) all easements granted herein shall be easements appurtenant and not easements in gross; and I (v) all easements granted herein shall be subject to all matters recorded against the Site and the Mall Parcel as of the date hereof, unless and except to the extent specifically consented to and made superior to any such matters. I Section 2.2 Temyorary Easement for Construction. During-the period of any construction of any Building or other improvements upon any portion of any Parcel or to the Common Area located thereon, each Party grants to the other Party and its Occupants and Permitees a temporary non-exclusive construction easement: (a) to use portions of the Parcel of the Grantor that are necessary for the purpose of performing the construction in question, provided that each such easement as to any particular Parcel benefited thereby will terminate when the construction which gives rise to such easement is completed, but shall not extend beyond the time when it is needed under good construction practice;and (b) to use the Access Roads to provide access for all personnel,equipment,supplies and like matters to and from the site of the particular construction, to the extent so reasonably necessary. Any Grantee enjoying such easements will be deemed to be bound by Section 6.1 with respect to that portion of the Parcel of the other Party so used. Upon completion of any work as to which a temporary non-exclusive easement was enjoyed,the Grantee will promptly, at its own cost,repair and/or restore any damage done such that the area affected is in a condition equal to or better than that which existed prior to such construction, and leave such area affected free and clear of all loose dirt, debris and construction materials and at the original grade. The easement granted in this Section 2.2 will not permit the use of any portion of the Grantor's Parcel without the prior written approval of the Grantor, which approval may be made subject to reasonable restrictions and regulations. In no event shall the Grantee be permitted to use any of Grantor's Parcel for the staging or storage of materials,for construction offices or construction trailers, or for employee or construction parking, without the prior written approval of the Grantor. Section 2.3 Easements for Use of Common Area. (a) Each Party grants to each of the other Parties, for the benefit of each other Party, its Parcel,and its Occupants and Permittees,the nonexclusive right,privilege and easement, 5 i I in common with the Grantor and the Occupants and Permittees of the Grantor, to use each portion of the Common Area so constructed on its Parcel (other than the Common Utility Facilities, as to which Section 2.5 shall be controlling) for its intended purposes. Included with the easements granted by this Section 2.3 are: I (i) easements to use the respective Parking Areas for the parking and passage of passenger motor vehicles; (ii) easements to use the respective Parking Areas for the passage by pedestrians; i (iii) easements to use the Access Roads to provide passage by motor vehicles;and (iv) easements to use the various walkways and all other portions of the Common Area for the general use, comfort and convenience of the Grantee, the Grantor and the Occupants and Permittees of either. I (b) The easements granted by this Section 2.3 are subject to the rights to use the Common j Area for other purposes specifically provided in this Agreement, and the rights of Developer to change and relocate portions of the Common Area as more particularly described herein. (c) The easements granted by this Section 2.3 shall be perpetual in nature (both as a burdened and benefited Parcel), subject to Section 15.21 below. (d) Each Party may permit its Occupants and Permittees (and no other Person)to utilize the rights and privileges granted to such Party under this Section 2.3; provided, however, that such Occupants and Permittees shall not be entitled to any greater rights than have been granted to such Party under this Section 2.3. Section 2.4 Easement for Operation of Common Area. (a) Affiliate grants to Developer easements in the Common Area on the Parcels of the Grantor for the management, operation, maintenance, reconstruction and repair of the Common Area pursuant to Section 5.1 of this Agreement. (b) The easement provided in this Section 2.4 will terminate as to the Common Area (excluding the Common Utility Facilities)on the Parcel of a given Party on the day when Developer is no longer obligated, pursuant to either this Agreement or any separate agreement between the Parties, to maintain the Common Area (excluding the Common + Utility Facilities)on that Parcel. Section 2.5 Easement for Utilities. Each Party grants to the other Party and its Occupants and Permitees the following perpetual easements in the Common Area portions of its Parcel for Common E Utility Facilities and other utility facilities (the term"pipes", as used in this Section,will mean"pipes", and/or "lines" and/or "conduits" and/or "wires" and/or "cables" and/or "other means of providing ' utility facilities",as the context may require): (a) Easements in the Parcel of the Grantor for the purpose of installing, using, connecting, operating,maintaining, repairing, relocating, replacing or enlarging any of the Common 6 • • Utility Facilities, subject to Section 2.5(d). The location, relocation and/or enlargement of any such easement shall be subject to the prior approval of the Grantor, which approval will not be unreasonably withheld or delayed. (b) Easements in the Parcel of the Grantor for the purpose of installing therein in the future, i other pipes, not part of the Common Utility Facilities as originally constructed or to enlarge or relocate such pipes as originally constructed, to provide gas, water, fire loops and hydrants therefor, electric power, other forms of energy, signal,telephone and other electronic means of communications, sanitary sewer and storm sewer services, or any of them, io or from any present or future facilities on the Parcel of the Grantee, subject to Section 2.5(d). The location of any such easement will be limited to the area of I easements for Common Utility Facilities granted pursuant to Section 2.5(a). (c) Easements in the Parcel of the Grantor for the purposes of connecting any and all of the pipes of the Common Utility Facilities, referred to in Section 2.5(a) or (b), with any facilities on the Parcel of the Grantee to the extent that the location of such connections thereon is limited to the area of easements for Common Utility Facilities granted pursuant to Section 2.5(a), provided,however, that(except in the case of an emergency) the Grantee shall notify the Grantor of the location of such connection within the area of the easements for Common Utility Facilities, and after any such connections, for the purpose of using, operating, maintaining, repairing, relocating, replacing and enlarging any or all of said pipes. The provisions of this Section 2.5(c) shall be subject to Section I 2.5(d), and shall be limited to the area of the easements for Common Utility Facilities granted pursuant to Section 2.5(a). (d) In connection with the rights granted in subparagraphs(a),(b)and(c)of this Section 2.5, j each Grantee will have the right to enter upon and use the Parcel of each Grantor to such extent and so long as reasonably necessary to accomplish such purposes, subject to the ' following conditions: (i) no fewer than thirty(30)days prior written notice will be given to the Grantor that Grantee anticipates doing such work, together with notification of the proposed nature, extent and location of such work, and the anticipated date of start and completion of such work which date or dates shall, to the extent reasonably possible, be scheduled with Grantor to avoid unnecessary interference with the business of Grantor,but if the work involved is emergency repair work, only such advance notice,written or oral,as is reasonably practicable need be given; (ii) after such work, the pipes and other utilities in question will be underground and not beneath or within the Grantor's curb line provided, however, that this subparagraph (ii) will not require the moving of any pipes already installed prior i to the date of this Agreement, nor permit any such work if as a result thereof any Party utilizing the Common Utility Facilities to provide utilities to improvements on its Parcel would be required to relocate any connection between any Common Utility Facilities and such improvements in order for such Party to continue to be able so to utilize the Common Utility Facilities therefor, or if its ability so to l utilize the same is otherwise materially adversely affected. A Grantee may move a I pipe only if all such Parties consent to such work and the Grantee proposing to do such work agrees to pay all costs of such Parties consequent upon the performance of such work by such Grantee; 7 j (iii) such work will be done in compliance with Section 7.1 and at the sole cost of the Grantee undertaking the same and will be performed in such a manner as not to cause any unreasonable interruption of or undue interference with the business conducted on the Parcel of the Grantor, or any unreasonable interruption or diminution in the services provided to the Parties; (iv) after the completion of such work, the Grantee will restore, at its own cost, the I portion of the Parcel and improvements of the respective Grantor so used to the same or better condition as existed immediately before the commencement of such work;and (v) to the extent that Grantee exercises such easements, it will defend, indemnify and save the Grantor harmless from and against any and all claims, liabilities and demands of any nature whatsoever arising from injury or death to persons and/or damage to property on the Parcel of Grantee and/or Grantor growing out of or resulting from Grantee's exercise of such easements. The foregoing indemnity will not apply, however, to any claims or liabilities arising from the willful act or the active negligence of the Grantor,or its agents,servants or employees. (e) The easements granted in subparagraphs (a), (b) and (c) of this Section 2.5 will be exclusive insofar as they relate to pipes which are not a Common Utility Facility, and non-exclusive insofar as they relate to Common Utility Facilities. To the extent that any such easement is exclusive, the Grantee in question shall at all times do all work necessary to maintain the same and will assume and pay all costs incurred in the maintenance,repair,replacement and/or enlargement thereof. (f) A Grantor will have the right to relocate any pipes located on its own Parcel if i reasonably deemed by the Grantor to be necessary to the enjoyment of its Parcel, so long as (i)Grantor complies with the conditions imposed upon Grantee by Section 2.5(d), (ii) there is no increase in utility expense of any Party, (iii) there is no unreasonable interruption in utility service to any Party, and (iv) such utility service is not diminished after such relocation. (g) From and after the date when Developer is no longer obligated to maintain the Common Utility Facilities on any Parcel pursuant to the terms of this Agreement, the owner of such Parcel shall at its own cost, clean,repair and maintain that portion of the Common Utility Facilities located on its Parcel to the extent that the same are not cleaned,repaired and maintained by public utilities. Upon a failure by such owner to so clean,repair and maintain that portion of the Common Utility Facilities on its Parcel the owners of the 'i other Parcels shall have the rights of self-help under the provisions of Article X, which rights shall survive any termination of this Agreement. Section 2.6 Confirmation of Easements in Sears Deed and Developer Deed. Developer Deed and the Developer Deed for the benefit of t forth in the Sears D p hereby confirms that the easements se f the Developer also benefit Affiliate and its Occupants and Permitees and their respective successors and assigns. The foregoing easements are subject to the terms and provisions of the Sears Deed and the Developer Deed. 8 I Section 2.7 Termination of Easements. Each easement granted in this Article II will expire,terminate and be extinguished upon the earlier to occur of: (i) the termination of this Agreement pursuant to applicable law,(ii)when such easement is not used for a continuous period of three(3)years by such Grantee, or those holding under or through such Grantee (non-use resulting from any cause or event set forth in Article XII or Section 15.20 hereof will not be deemed to be non-use for these purposes), (iii)when all Parties agree in writing that such easement will no longer be useful, or that the right to exercise the same in the future will no longer be valuable to such Grantee,or those holding under such Grantee, and (iv) to the extent such easement derives from the Developer Deed and/or the Sears Deed,if and when the applicable easement-under the Developer Deed and/or the Sears Deed terminates. I Section 2.8 Easements to Public Authorities. Each Party covenants with the other Parties that it will grant to governmental or public authorities or any public utility companies having jurisdiction, easements in its Parcel, in accordance with Section 2.5 and in form acceptable to the Grantor for the installation and/or maintenance and operation of utility facilities reasonably required for any or all Parcels. Such easements will be continuous so long as such authorities or companies use the same to provide utility services to any part of the Site or the Mall Parcel. Section 2.9 Extinguishment of Easements and Other Provisions. Any of the easements granted may be (a) released or extinguished, or (b) amended, waived or modified by instrument, in recordable form, executed by the owners of all the Parcels benefited and burdened by the respective easements affected thereby. Each Party hereby reserves the right to eject or cause the ejection from the Common Area of its Parcel of any Person or Persons not authorized, empowered or privileged to use the Common Area of such Parcel pursuant to this Agreement. ARTICLE III CONSTRUCTION OF IMMOVEMENTS Section 3.1 Standards of Construction. Construction(which word, as used in this Article, includes initial construction, alterations, rebuilding, modernization, expansion, demolition, razing and new construction which shall or may be performed by a Party as provided in this Agreement) of improvements to the Site shall be subject to the following requirements: (a) Upon any commencement of construction, each Party will diligently prosecute said construction to completion in accordance with the terms of this Agreement, except as otherwise provided in this Agreement; (b) All construction will be performed in a good and workmanlike manner using first-class materials and shall comply in all material respects with all applicable laws, ordinances, rules and regulations("Laws")and any such construction shall not result in the failure of any other Parties to be in compliance with all Laws; i (c) All street improvements respecting future and existing streets and roads adjacent to the iSite will be made in accordance with the requirements of the Village of Oak Brook,State of Illinois,or other governmental agencies having jurisdiction of the same; I ' (d) Each Party will perform its construction so as not to unreasonably impair or interfere with the use, occupancy or enjoyment of the other Parcels or any part thereof by any Occupant or Permittee; I (e) Each Party will at all times: i 9 W take any and all safety measures reasonably required to protect the other Parties and their respective Occupants and Permittees from injury or damage caused by or resulting from the performance of its construction, (ii) indemnify, hold harmless and defend the other Parties, and their respective officers, directors, employees and agents from and against all claims, demands, suits, costs, expenses and liabilities arising from or in respect to the death, accidental injury, loss or damage caused to any natural person or to the property of any Person as might occur by virtue of its construction,and (iii) indemnify, hold harmless and defend the other Parties, and their respective officers, directors, employees and agents from and against mechanic's, materialmen's and/or laborer's liens, and all costs, expenses and liabilities in connection with or arising from its construction; The Party performing any construction shall be responsible for obtaining all (f) i governmental approvals and permits required in connection with such construction and for obtaining any other required approvals or consents in connection with such construction;and (g) All improvements constructed by Affiliate on the Site shall be harmonious with the balance of the Site and the Mall Parcel. ARTICLE IV USE AND OPERATION OF SITE Section 4.1 Use and Operation Generally. Each of the Parties covenants and agrees with each other for the benefit of the Site and the Mall Parcel that no Parcel, or portion thereof,may be used for any purpose other than retail,restaurant, entertainment, office, residential, hotel and such other uses as are compatible with the proximate market in which the Mall Parcel is located, nor will any use or operation that is obnoxious to the use or operation of any Parcel consistent with such uses be made, conducted or permitted on or with respect to all or any part of its respective Parcel including, but not limited to,the following: I (a) any public or private nuisance; I (b) any noise or sound that is objectionable due to intermittence,beat, frequency, shrillness i or loudness; (c) any obnoxious odor (provided, however, odors emanating from restaurants are permissible and not deemed obnoxious); (d) any noxious,toxic,caustic or corrosive fuel or gas; (e) any dust,dirt or fly ash in excessive quantities; I (f) any fire,explosion or other damaging or dangerous hazard(including the storage,display or sale of explosives or fireworks); 10 I (g) any warehouse use (any area within a Building for the storage of goods intended to be sold at any retail establishment in such Building will not be deemed to be a warehouse use); (h) assembling, manufacturing, distilling, refining, smelting,agriculture or mining operation or drilling for oil,gas or other minerals; or (i) any emission of any substance, gas, particulate matter, audio, radio or infrared electromagnetic wave frequency or other form of radiation off of or from such Party's Parcel that materially interferes with the business of any Occupant of any other Parcel. Section 4.2 Office Parcels — Restricted Uses. During the term of this Agreement, the Office Parcels shall be used for office use only and for no other purposes without the prior written consent of Developer,which may be withheld in Developer's sole and absolute discretion.Office use for purposes of this Section 4.2 shall include all typical related or ancillary facilities and services associated with an office Building and contained solely within such office Building. Affiliate shall not construct any additional improvements on the Office Parcels without Developer's prior written consent, which consent may be withheld in Developer's sole and absolute discretion. Section 4.3 Hotel Parcel—Restricted Uses. During the term of this Agreement, the Hotel Parcel shall be used for hotel use only and for no other purposes without the prior written consent of Developer,which may be withheld in Developer's sole and absolute discretion.Hotel use for purposes of this Section 4.3 shall include all typical related or ancillary facilities and services associated with a full- service hotel and contained solely within such hotel Building. Affiliate shall'not construct any additional improvements on the Hotel Parcel without Developer's prior written consent, which consent may be withheld in Developer's sole and absolute discretion. ARTICLE V MAINTENANCE AND MANAGEMENT OF THE COMMON AREA Section 5.1 Developer's Duty to Operate Common Area;and Common Utility Facilities. (a) . Developer covenants with Affiliate, at its sole cost and expense except to the extent provided otherwise in this Agreement or in a separate agreement between Developer and such Party to keep, maintain, repair, replace and reconstruct, as may be appropriate, manage and operate (hereinafter collectively called "maintain" and "maintenance", as appropriate), the Common Area on the Parcel of each Party in all cases in a safe and good and clean order, operation, condition and state of repair, in conformity with the Project Standards, and.in such manner as to establish, maintain and present at all times the appearance of a safe, clean, well-managed, attractive, coordinated and unified operation of all of the Common Area. (b) Without limiting the generality of the foregoing, Developer in the maintenance of the Common Area shall observe at least the following standards: (i) maintain, repair and replace the surface of the Parking Areas and the sidewalks (including the Perimeter Sidewalks) smooth and evenly covered with the type of surfacing material originally installed thereon,or such substitute as will be in all respects equal in quality, appearance and durability, all in accordance with the Project Standards; 11 I (ii) remove all papers, debris, filth, broken glass and refuse from the Common Area and wash or thoroughly sweep paved areas as reasonably required by the Project Standards; (iii) maintain such appropriate Parking Areas entrance, exit and directional signs, required and in ens and lights in the Common Area as will be reasonably q mark gh • accordance with the Project Standards; and repair lighting fixtures of the Common Area and relamp and reballast iv , clean p gh g � accordance with the Project Standards, the same upon then failure to function m J (v) repair and repaint striping, markers, directional signs, etc. as necessary to maintain in a manner consistent with the Project Standards; (vi) maintain, water and replace the Common Area landscaping as necessary to keep it in a healthy condition and mow and edge all grass areas; (vii) employ and/or contract for courteous trained personnel for Common' Area security functions reasonably necessary during store hours and such other hours as are reasonably deemed necessary by Developer for the safe and orderly operation of the Common Area; j (viii) clean, repair and maintain all Common Utility Facilities to the extent that the same are not cleaned,repaired and maintained by public utilities; and (ix) make and use good faith efforts to enforce at all times,such reasonable rules and j policies of general application for the supervision, control and use of the Common Area as it shall in its judgment deem best, provided that they will be uniform in application to all Parties, and will conform to good standards of mixed-use project operation and provided further,that no Party will be bound by i any rule or policy to which such Party did not consent. Section 5.2 Developer's Indemnification. Developer agrees to indemnify and hold harmless Affiliate and its Parcel from and against any mechanic's,materialmen's and/or laborer's lien and all costs, expenses and liabilities in connection therewith, including reasonable attorneys' fees, arising out of the maintenance performed by Developer with respect to the Common Area pursuant to this Article V, and if the Site becomes subject to any such lien, Developer shall, at the request of Affiliate, promptly cause such lien to be released and discharged of record, either by paying the indebtedness i which gave rise to such lien, or posting such bond or other security as may be required by law to obtain such release and discharge,or if there be no such law,then to obtain a surety bond in favor of Affiliate in an amount not less than 125%of the amount claimed in such lien. Section 5.3 Payment of Common Area Maintenance Cost. (a) Affiliate shall, commencing on July 1, 2012 and on the first day of each calendar month thereafter, pay to Developer a monthly amount equal to one-twelfth(1/12) of the annual Common Area i Maintenance Cost attributable to each Parcel comprising the Site as set forth in the Common Area Maintenance Budget (the"Monthly Payment'). Payment of the Common Area Maintenance Cost for 12 any partial Accounting Period shall be prorated based upon the actual number of days in such Accounting Period. Within one hundred twenty(120) days after the end of each Accounting Period,Developer shall provide Affiliate a complete statement of the Common Area Maintenance Costs for such Accounting Period. In the event Affiliate shall have paid more than the total Common Area Maintenance Costs f such excess at the time Accounting Period,Developer shall refund to Affiliate the amount o during such g d, p Developer delivers the annual statement*of Common Area Maintenance Costs to Affiliate. In the event Affiliate shall have paid less than the total Common Area Maintenance Costs during such Accounting Period then Affiliate shall pay to Developer the amount of such deficiency within thirty (30) days i followin g Affiliate's receipt of said statement. Affiliate shall have the right, at its expense, exercisable i upon thirty Y (30) da y s notice to Developer, to audit as to each Accounting Perio d su c h accounts as are relevant to such statement or statements. If any such audit discloses any error in determining the n Area Maintenance Costs appropriate adjustment shall promptly be made to correct such error, Common J and if such audit discloses that the Common Area Maintenance Costs are overstated by five percent(5%) or more, Developer shall pay the cost of such audit. At least thirty (30) days prior to the end of each Accounting Period, Developer shall prepare and submit to Affiliate the Common Area Maintenance Budget for the following Accounting Period and the amount of the Monthly Payment for the Accounting Period covered by such Common Area Maintenance Budget shall be adjusted so that the adjusted Monthly Payment is an amount equal to one-twelfth (1/12) of the new annual Common Area i Maintenance Budget. (b) In addition to the Monthly Payment,Affiliate shall also pay Developer$36,000 per year (such amount being $12,000 for each of Lot 1, Lot 2, and Lot 3) as Affiliate's contribution towards Developer's costs to maintain the Common Area on the Mall Parcel (the "Mall CAM Contribution'). Commencing on July 1,2012 and on the first day of each calendar month thereafter,Affiliate shall pay to Developer a monthly amount equal to one-twelfth(1/12)of the Mall CAM Contribution. The Mall CAM Contribution shall be increased by five percent (5%) every five (5) years, the first such increase being made on July 1,2017 and thereafter on July 1 of each succeeding five(5)year period. (c) All amounts to be paid by Affiliate to Developer pursuant to this Section 5.3 shall be paid to Developer, without setoff or deduction, either (i) to Developer at the address of Developer as I hereinafter set forth or (ii) if Developer so requests, then to such other Person or place or places as Developer may designate from time to time in a written notice to Affiliate. Nothing in this Section 5.3 will be deemed to preclude any additional, lesser or different charges for Common Area maintenance being made pursuant to any separate agreement or other agreement between Developer and Affiliate or between Affiliate and any of its Occupants. Section 5.4 Takeover by Affiliate. Affiliate, in its sole discretion, shall have the right at any I time, and from time to time, to take over from Developer and assume the obligation to maintain the Common Area on its Parcel to the same extent as Developer is required to maintain the Common Area under this Agreement. Affiliate may make such election with respect to all of the Parcels comprising the Site or any of Lot 1, Lot 2, or Lot 3 or any combination thereof. Affiliate may also make such election with respect to the Central Plant in connection with a takeover of the Common Area on a Parcel or independent of the takeover of the Common Area on a Parcel. The election to so take over and assume such obligation shall be deemed to have been made when Affiliate notifies Developer that it will, as of the day designated in such notice (which date shall be no fewer than ninety (90) days thereafter), I perform, for the portion of the Common Area located on its Parcel, the obligations of Developer with respect thereto under Section 5.1 hereof,and upon the date so designated without further act of any Party. Affiliate shall be deemed to have assumed(and accordingly, Developer to have been relieved of) such obligations and any other obligations of Developer under this Agreement for the maintenance and I i 13 I operation on that portion of Common Area on the affected Parcel as of the date designated in the notice and from and after such date Affiliate shall not be required to make any Monthly Payments for such at its option,to cancel said takeover,then the provisions 'ate elects, Parcel. if at any time thereafter,Affilt p , c cancellation and the other n 5.4 shall cease to be operative as of the effective date of such of this Section p pertinent provisions of this Article V sh all apply; P rovided, however, that no such cancellation shall become effective unless Developer shall receive no fewer than ninety (90) days prior notice of such ' request from Affiliate; and provided, further, that Affiliate may again serve a notice of takeover as specked above. During such period of time as Affiliate may have taken over.and be performing the Common Area maintenance obligations on its Parcel then Affiliate shall at its own cost and expense provide the Common Area liability insurance on its Parcel, conforming to the requirements of Section 8.1 shall be relieved of the obligation to i namin. all other Parties as additional insureds and Developer g provide such Common Area liability insurance for such Parcel during such period of time. For the et acknowledge and agree that the Mall CAM Contribution obligation s doubt, the Parties � avoidance of t, g forth in Section 5.3(b)above shall remain in effect in the event Affiliate elects to take over the Common Area.maintenance on its Parcel and only the Monthly Payment shall be suspended during the time that Affiliate maintains the Common Area on its Parcel. ARTICLE VI OBSTRUCTION OF COMMON AREA Section 6.1 Covenants Respecting Common Area. Each Party covenants and agrees with the other Party with respect to the Common Area on its Parcel so long as this Agreement is in full force and effect that it will not obstruct the free flow of pedestrian or vehicular traffic upon and between the Parcels in a manner that materially adversely affects the use and operation of the Parcel of any other Party. Section 6.2 Exceptions to Covenants. Notwithstanding Section 6.1, the Parties each may use the Common Area on its Parcel to the extent reasonably required in connection with(a) the proper exercise of the easements or any other rights specifically granted to the respective Parties under this Agreement and (b) promotions and other outdoor sales activities, provided that no such promotion may unreasonably interfere with the flow of vehicular or pedestrian traffic. Section 6.3 Development of Mall Parcel. Notwithstanding any provision in this Agreement to the contrary, Developer shall be free to change, close, replace or modify the Common Area on the Mall Parcel and to build upon, develop and otherwise utilize all portions of the Mall Parcel in such manner as Developer shall deem appropriate in its sole and absolute discretion so long as such actions do not generally preclude or unreasonably restrict Affiliate's easement rights granted hereunder, and provided that the Mall Parcel continues to be used in accordance with all applicable Laws. ARTICLE VII MAINTENANCE AND REPAIRS Section 7.1 Covenant to Maintain Improvements. Each Party covenants and agrees with the other Party that it will keep and maintain, at its own cost and expense,the improvements located on its Parcel in good order,condition and repair in accordance with the Project Standards. i Section 7.2 "Rebuild"Defined. As used in this Agreement, "Rebuild" shall mean, for any of the improvements constructed on any Party's Parcel,to restore, replace or repair such improvement or improvements so that after such restoration, such improvements will be complete architectural units in a condition in accordance with this Agreement. 14 Section 7.3 Destruction of Buildings by Fire or Other Casualty. Each Party covenants that in the event of the destruction or damage to its Building, or other improvements,or any part thereof, if such Party elects not to Rebuild the same,then such Party shall raze and remove such Building or other + improvements and shall maintain the ground area formerly occupied by such razed improvements in good order and repair and in a sightly manner. ARTICLE VIII INSURANCE Section 8.1 Liability Insurance for Common Area, Buildings, Employees and Motor Vehicles. (a) Developer shall, during the term of this Agreement,maintain,or cause to be maintained, in full force and effect, Commercial General Liability Insurance, including contractual liability coverage covering all indemnities herein of Developer and covering the Common Area on the Site and the Mall Parcel with an insurer rated AVIII or better in the most recent addition of Best's Insurance reports, such insurance to afford protection of not less than $10,000,000 combined single limit per occurrence for personal injuries, including bodily injury, death, blanket broad form contractual liability, libel, slander, wrongful eviction, false arrest, products, completed operations, and consequential damages arising therefrom, and broad form property damage liability to any number of j Persons arising out of any one occurrence. If Affiliate will be operating and maintaining i the Common Area on its Parcel, the insurance required by this Section 8.1(a) shall be ' carried by Affiliate with respect to the Common Area on its Parcel. The cost of insurance required to be carried by Developer pursuant to this Section 8.1(a) shall be included within the Common Area Maintenance Cost payable by Affiliate pursuant to Article V hereof. I (b) Affiliate will, during the term of this Agreement, maintain in full force and effect I Commercial General Liability Insurance covering all Buildings on its Parcel with an insurer rated AVIII or better in the most recent addition of Best's Insurance Reports,such insurance to afford protection of not less than $10,000,000 combined single limit per occurrence for personal injuries, including bodily injury or death, blanket broad form contractual liability, libel, slander, wrongful eviction, false arrest, products, completed operations, and broad form property damage liability to any number of Persons arising out-of any one occurrence. Such insurance shall name Developer as additional insured thereunder,shall provide for severability of interests and shall provide that the same may not be canceled or materially altered-without at least thirty(30)days prior written notice given by the insurer to Developer. (c) Each Party shall, during the term of this Agreement, maintain in full force and effect Workers' Compensation with at least statutory limits (containing, where available, an alternate employer endorsement in favor of the other Party) and Employer's Liability Insurance (with minimum limits of$1,000,000 per accident, $1,000,000 per disease and i $1,000,000 policy limit on disease). i (d) Each Party, shall severally,during the term of this Agreement,maintain in full force and effect Motor Vehicle Liability Insurance with coverage for all owned, non-owned and hired vehicles with combined single limits of not less than $1,000,000 per person, $2,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. 15 I II I (e) Each Party,shall severally, at all times during the term of this Agreement that such Party provides or causes to be provided on its Parcel valet parking, shall maintain in frill force and effect garage liability insurance coverage with limits of no less than$1,000,000 per I occurrence,$3,000,000 aggregate per location. Such policy shall name the other Party as additional insured. Said policy shall also include coverage for garagekeepers legal liability with limits of no less than$250,000. i Section 8.2 Waiver of Subrogation. Each Party hereby releases(for itself and to the extent legally possible for it to do so on behalf of its insurer) the other Party from any liability for any loss or damage to property located on the Site or the Mall Parcel,which loss or damage is caused by a risk of the i type generally covered by policies of insurance required to be maintained pursuant to this Agreement. r i Each Party covenants that it will, to the extent such insurance endorsement is available (even if such endorsement requires the payment of a reasonable additional premium),obtain for the benefit of the other i Party a waiver of any right of subrogation which the insurer of the former Party might otherwise acquire against the other Party by virtue of the payment of any loss covered by such insurance. r • i i Section 8.3 Evidence of Insurance. Each Party will furnish to the other Party hereto requesting the same, evidence that the insurance required of it by this Article VIII is in full force and effect. Each Party shall use its diligent efforts to secure a provision from its insurer that all policies of insurance carried by any Party pursuant to this Article VIII, or endorsements issued.under any blanket I policy or policies covering these liabilities required to be insured against by this Article VIII,may not be i canceled or materially altered without at least thirty (30) days prior written notice being given by the insurer to the other Party. The failure of a Party to request such evidence of insurance, or the failure of any Party to provide evidence of such insurance, will not affect the obligation to obtain insurance as provided in this Article VIII. ARTICLE IX INDEMNIFICATION I Section 9.1 Indemnification. Developer and any other Party who takes over maintenance of i the Common Area on its Parcel covenants to, and does hereby agree to indemnify, hold harmless and j defend(collectively, "Indemnify") each other Party, from and against all claims, costs, expenses, losses and liabilities (including reasonable attorney's fees) incurred in connection therewith, including any action or proceedings brought thereon, arising from any incident or accident or as a result of death or personal or bodily injury, loss or damage whatsoever caused to any Person, or to the property of any i Person (collectively, "Claims") that may occur in or about the ,Common Area that each such indemnifying Party is then responsible for maintaining;regardless of which Party owns such Parcel. The foregoing indemnity shall not apply to any Claims arising solely from the active negligence or willful misconduct of the indemnified Party or its agents, contractors or employees, wherever the same may occur. Each Party covenants to and does hereby agree to Indemnify each other Party from and against all Claims (i) as shall occur within or be related to the Building or the Truck Facilities owned by such indemnifying Party or (ii) through the active negligence or willful misconduct of such indemnifying Party, its agents, contractors or employees. There shall be excluded from such indemnification all Claims arising solely from the active negligence or willful misconduct of each indemnified Party, its agents, contractors or employees wherever the same may occur. Each Party hereto shall promptly notify the indemnifying Party of any asserted claim with respect to which such Party is indemnified against loss by the indemnifying Party hereunder, and the Party giving such notice shall promptly deliver to the indemnifying Party the original or a true copy of any summons or other process, pleading, or notice 16 i I i issued or served in any suit or other proceeding to assert or enforce any such claim. Any delay in such notice shall not release any Party from any obligation to Indemnify except to the extent that the indemnifying Party is prejudiced by such delay. The indemnifying Party so notified of any claim against i which it has indemnified a Party hereunder against loss shall defend any such suit at its sole cost and expense with attorneys of its own selection and reasonably acceptable to the indemnified Party, but the Party so indemnified shall have the right,if it sees fit,to participate in such defense at its own expense. I i ARTICLE X SELF-HELP AND OTHER REMEDIES Section 10.1 Rights of Self-Help. Except as to taxes or assessments being contested as provided in Section 11.2, if any Party(the"Defaulting Party") fails to perform any of the provisions of ithis Agreement on its part to be performed at the time and in the manner herein provided(including the I making of payments to others that the Defaulting Party has agreed herein to make) then the non- 1 defaulting Party (the "Non-Defaulting Party"), shall have the right, but not the obligation, upon thirty (30) days written notice to the Defaulting Party(unless within such thirty(30)day period the Defaulting Party cures such default,or in the case of a default which by its nature cannot be cured within such thirty (30) day period, the Defaulting Party commences the curing thereof within such thirty (30) day period,. r and thereafter diligently prosecutes the curing thereof to completion)to proceed to make such payment or take such action as shall be necessary to cure such default, all in the name of and for the account of the I Defaulting Party. In such case, the Defaulting Party shall on written demand, reimburse the Non- ' Defaulting Party paying such sum or taking such action for the money actually expended by it, and its I i reasonable out-of-pocket expenses (including reasonable attorney's fees), in so doing, together with all penalties,if any,arising from such default,if paid by the Non-Defaulting Party,with interest computed in ' accordance with Section 15.2 from the date of demand to date of payment. If the Non-Defaulting Party shall in good faith deem that an emergency is occurring or has occurred(including situations that prevent ' or hinder Occupants or Permittees from using the Common Areas for their intended purposes and situations which pose a danger to Occupants or Permittees),so that the default requires immediate curing, then no written notice will be required and the Non-Defaulting Party shall give such notice as is practical , under the circumstances without giving written notice and promptly take such action as is necessary to i cure the alleged failure. The Non-Defaulting Party performing any action pursuant to the preceding sentence will interfere to the minimum extent possible with any other Party's business, and with reasonable promptness will give notice to the Defaulting Party of the doing of such work and the claimed default; such notice,notwithstanding any other provisions of this Agreement,need not be in writing if the I giving of a written notice would not be reasonably possible under the circumstances,so long as the same is given to an officer or responsible agent of the Defaulting Party. Written confirmation of the action will be given as soon as reasonably possible. The Non-Defaulting Party so acting will prosecute any 1 work performed by it under this Section 10.1 in a good and workmanlike manner diligently to completion. If and to the extent any Party has obligations to another Party with respect to an easement granted by this Agreement which survives the termination of this Agreement, the rights granted by this Article X will survive with respect to such easement for the duration of such easement. Notwithstanding the foregoing, no provisions of this Section 10.1 shall be deemed to permit any Party to enter the Building of a Party for the purpose of curing a default of any Defaulting Party. Section 10.2 Lien Rights. Any amount due under this Agreement from the Defaulting Party to a Non-Defaulting Party shall,without further act of the Parties,be deemed to constitute a lien against the Parcel of the Party obligated to pay the same, subordinate to all then existing liens and encumbrances thereon, provided that the holder of such liens or encumbrances, as the case may be, was not in 17 i I possession or control of the Parcel liened pursuant to this Section 10.2 at the time of the action taken giving rise to such amount due. i Section 10.3 All Other Rights and Remedies. In addition to the rights and remedies set forth i in Section 10.1 and 10.2 above,the Non-Defaulting Party shall have any and all other rights and remedies to which the Non-Defaulting Parry may be entitled in law or-'equity if the Defaulting Party fails to perform any of the provisions of this Agreement on its part to be performed at the time and in the manner i herein provided (including the making of payments to others that the Defaulting Party has agreed herein to make). I ARTICLE XI REAL ESTATE TAXES WATER AND SEWER RATES AND OTHER CHARGES I Section 11.1 Covenant to Pay. Each Party covenants to pay (or to cause its Occupants to I pay)with respect to its Parcel,all real estate taxes and assessments,all water and sewer rates(charged by governmental authorities), all charges for any services of utilities, if any, provided to its Parcel through the Common Utility Facilities, and all assessments hereafter made by governmental authorities for l improvements hereafter commenced. i Section 11.2 Right to Contest or Anneal. Each Party may defer payment of any such taxes, assessments, rates or charges payable by them, respectively, as aforesaid, while appealing or contesting the validity and/or amount thereof, provided that such contest shall be in good faith and that any such shall on receiving a final adverse ruling or decision, immediately pay any such taxes, Party upon assessments,rates or charges payable,and at all times take such steps as may be necessary,including the payment thereof under protest, to ensure that foreclosure or sale of the property in question will not occur. ARTICLE XII i CONDEMNATION Section 12.1 Condemnation Does Not Affect Easements. A condemnation will not affect I the existence of the easements or licenses referred to herein, except to the extent that they are taken as part of the condemnation. Section 12.2 Waiver of Award. Each of the Parties waives in favor of the Party whose Parcel or any portion thereof is condemned any value attributable to any easements or licenses of the former and in the Parcel of the latter as to any award for the condemnation; and no part of such award or i proceeds will be payable to the owner of the dominant tenement by virtue of such easement. I I ARTICLE)M ENCUMBRANCE OF PARCELS I Section 13.1 Rights to Mortgage. j (a) Each Party shall have the right at any time,and from time to time to place a mortgage on its Parcel. Nothing contained herein shall restrict any Occupant's right to place a mortgage on any leasehold interest held by such Occupant in any Parcel. 18 s i (b) In the event of the making of any mortgage by the then owner of any Parcel, the mortgagee will take its interest subject and subordinate to this Agreement, provided that nothing in this Agreement contained shall be deemed to make the mortgagee liable to i perform any term, covenant or condition under this Agreement to be performed by the Party that owns the Parcel in question except for covenants to perform, other than those i personal to a Party, which specifically involve maintenance or operation of such Parcel and are of a continuing nature, of which the mortgagee receives written notice within a i reasonable time after the occurrence of the same, and which mortgagee has the right, pursuant to its mortgage to require such Party to perform but as to which mortgagee did � not take commercially reasonable steps to require such Party to perform; provided that the liability of the mortgagee to cure existing or future defaults of a defaulting Party shall only accrue after such mortgagee acquires title to such Parcel by foreclosure or deed in i lieu thereof(but in all instances subject to the provisions of Section 13.1(c)) and shall continue for so long as it holds such title. If and when title to such Parcel becomes vested in any Person other than a mortgagee as a result of a default under said mortgage, such Person shall become liable for the performance of any such term, covenant or condition thereafter to be performed and it will remain so liable so long as such title is vested in it. Neither the making of such mortgage nor its foreclosure will release the maker thereof from any liability it would have had under this Agreement had such mortgage not been made. (c) Notwithstanding the foregoing and anything else contained in this Agreement, no mortgagee shall at any time have any obligation or liability to comply with or satisfy any i term, covenant or condition which accrues or pertains to the period prior to the period said mortgagee holds title to the relevant Parcel and which is not specifically described in Section 13.1(b), including, without limitation, any indemnification liability or obligation. (d) Concurrently with the giving of any notice of a material default hereunder by a Non- Defaulting Party to a Defaulting Party, provided the Defaulting Party or its mortgagee has previously provided written notice of the Defaulting Party's mortgagee's contact information to the Non-Defaulting Party, the Non-Defaulting Party shall provide a copy of such notice of a material default(the"Mortgagee Default Notice")to the Defaulting Party's mortgagee. The Non-Defaulting Party shall not exercise any rights available to it (other than the self-help rights set forth in Article X)until the Non-Defaulting Party has (A)delivered the Mortgagee Default Notice to the Defaulting Party's mortgagee and(B) given the Defaulting Party's mortgagee the opportunity to cure such default within the time periods provided for cure by the Defaulting Party, measured from the time the Mortgagee Default Notice is delivered to the Defaulting Party's mortgagee. The Non- Defaulting Party acknowledges that the Defaulting Party's mortgagee is not obligated to cure any Defaulting Party material default but, if Defaulting Party's mortgagee elects to do so, the Non-Defaulting Party agrees to accept cure by the Defaulting Party's mortgagee as that of the Defaulting Party hereunder and will not exercise any right or remedy with respect to such material default cured by the Defaulting Party's mortgagee pursuant to the terms hereof. Any cure rendered by Defaulting Party's mortgagee on Defaulting Party's behalf is without prejudice to such mortgagee's rights against Defaulting Party set forth in any documents executed by Defaulting Party in favor of Defaulting Party's mortgagee in connection with the loan made by such mortgagee to Defaulting Party. Defaulting Party's mortgagee's cure of Defaulting Party's material 19 default shall not be considered an assumption by Defaulting Party's mortgagee of Defaulting Party's other obligations under this Agreement. I i Section 13.2 Successors and Assigns Bound and Benefited. This Agreement will be binding upon and inure to the benefit of each Party and its respective successors and assigns, subject to this Article XIII. i ARTICLE XIV NOTICES Section 14.1 Place and Manner of Notice. Any notice, demand, request, consent, approval, E designation or other communication that any Party is required or desires to give,make or communicate to any other Party will be in writing and will be given,made or communicated in person or by United States registered or certified mail, return receipt requested, with postage fully prepaid, or by an independent, nationally recognized overnight delivery service that provides receipts to indicate delivery,addressed to: in the case of Developer: Oakbrook Shopping Center,LLC c/o General Growth Properties,Inc. i 110 N.Wacker Drive Chicago,Illinois 60606 r Attention: Chief Legal Officer i in the case of Affiliate: • i I Oakbrook Center East,LLC c/o General Growth Properties,Inc. 110 N.Wacker Drive Chicago,Illinois 60606 Attention: Chief Legal Officer subject to the right of any Party to designate a different address by notice similarly given. Any notice, demand,request, consent,approval,designation or other communication so sent by registered or certified mail will be deemed to have been given, made, received, or communicated, as the case may be, on the date of delivery as shown on the return receipt; and any notice, demand, request, consent, approval, designation or other communication sent or delivered in any other manner will be deemed given, made, received or communicated,as the case may be,as of the time of the actual delivery thereof. ARTICLE XV MISCELLANEOUS Section 15.1 No Waiver. No waiver of any default by any Party hereto shall be implied from any omission by any Party or Parties hereto to take any action in response to such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of ed in such express waiver. One or more waivers of other than the default and period of time specified P time oth P t any default in the performance of any term, provision or covenant of this Agreement shall no be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term,provision or covenant of this Agreement. The consent or approval by any Party or Parties 20 t act request 0 or of any or r q est by any other Party or Parkes requiring consent or approval shall not be deemed to waive or render unnecessary consent or approval to or of any subsequent similar acts or requests. The rights and remedies of every Party shall be deemed to be cumulative and none of such rights or remedies at law or in equity which any Party or Parties might otherwise have from a default under this Agreement i and no exercise of any right or remedy by a Party or Parties hereto shall impair any such Party's or Parties' standing to exercise any other right or remedy. Furthermore, any remedies of any Party ' I specifically provided for shall be deemed additional to any and all other remedies to which any of them may be entitled in law or equity, and shall include the right to restrain by injunction any violation or i threatened violation by any Party of any of the terms, covenants or conditions of this Agreement and by ! decree to compel performance of any such terms,it being agreed that the remedy at law for any breach of any such term is not adequate. Section 15.2 Interest. Any-sums payable by any Party to any other Party pursuant to this I Agreement that are not paid when due will bear interest from the date payment became due at the rate of two percent (2%) in excess of the "Prime Rate", as hereinafter defined, compounded daily, but in no event exceeding the•maximum rate per annum permitted by the law in the state in which the Site is located.As used herein,the Prime Rate will mean the rate of interest announced from time to time by J.P. Morgan Chase(or its successor)as such bank's prime rate. I i Section 153 Separability of Void Provisions. If any provision of this Agreement, or the application thereof to any Party or Parties, and/or any Person and/or circumstances will be held to be invalid,void or illegal,the remaining provisions and/or the application of such provisions to any Party or Parties and/or any circumstances other than as to those which it is held to be invalid,void,or illegal,will nevertheless remain in full force and effect and not be affected thereby, and the Parties agree that they would have entered into this Agreement independently of any provision or provisions of this Agreement held to be invalid,void or illegal. Section 15.4 Captions. The captions of the Sections and Articles of this Agreement are for convenience only and will not be considered or referred to in resolving questions of interpretation and construction. This document is the result of an arms-length transaction among the Parties and is to be + construed according to its fair meaning and not strictly against any Party or Parties. Section 15.5 Governing Law. This Agreement will be construed, interpreted and applied under the laws of the state in which the Site is located. j Section 15.6 Amendment. This Agreement may be amended or terminated by, and only by, I the written agreement of all the Parties hereto or their successors or assigns. Section 15.7 Counterparts. This Agreement may be signed in several counterparts, each of which will be deemed an original and all such counterparts together will constitute one and the same instrument. Section 15.8 Exhibits. The Exhibits attached hereto and referred to herein are hereby incorporated into and made a part of this Agreement as fully as if set forth in full herein. Any reference to any Exhibit contained within this Agreement will be deemed to mean any Exhibit to this Agreement as from time to time amended by the Parties. Section 15.9 No Gift or Dedication. Nothing herein contained will be deemed to be a gift or dedication of any portion of the Site or the Mall Parcel to the general public, or for the general public or 21 for any public purpose whatsoever, it being the intention of the Parties that this Agreement will be strictly limited to and for the purpose expressed. Section 15.10 Covenants Run with Land. The agreement of the Parties set forth in this Agreement will be construed as covenants and not as conditions. To the fullest extent legally possible, all of the covenants of the Parties will run with the land. Section 15.11 No Third-Party Beneficiaries. Except for the easement rights specifically set forth in this Agreement that inure to the benefit of Occupants and Permittees, no other rights,privileges ! or immunities of any Party hereto will inure to the benefit of any Occupant, Permittee or other third party, nor will any Occupant, Permittee or such other third party be deemed to be a third party beneficiary of any of the provisions contained herein except that the tenant of the Hotel Parcel shall have the self-help rights set forth in Article X in the event(a)Developer fails to,maintain the Common Area as required pursuant to the terms of this Agreement or(b)Affiliate fails to maintain the Central Plant in the operation thereof pursuant to Section 5.4 above, but only for so long as the event Affiliate takes over op P Hotel Parcel is used and operated as a hotel that is open to the public. Section 15.12 Estoppel Certificates. Each of the Parties agrees that it will, at any time and from time to time (but in no event more often than three (3)times during any twelve( 12)month period per such requesting Party),within thirty(30)days following receipt of notice by another Party specifying l that it is given pursuant to this Section 15.12, execute, acknowledge and deliver to the Party requesting same, a statement certifying(i)that this Agreement is unamended,unsupplemented and unmodified and ' i in full force and effect (or, if there will be any such amendments, supplements and modifications, reference to the same will be made), and(ii) that to the best of the signer's knowledge and belief, there are no defaults in the performance of this Agreement (or, if there are any such defaults of which the signer may have knowledge,reference to the same will be made). Such statement shall act as a waiver of any claim by the Party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement. However, such statement shall in no event subject the Party furnishing it to any liability whatsoever,notwithstanding the negligent or otherwise inadvertent failure of such Party to disclose correct and/or relevant information. Section 15.13 Rule Against Per etuities. Notwithstanding anything to the contrary herein contained, any contingent license, easement or other right granted by this Agreement that has not vested ; by the Vesting Date, as hereinafter defined, will terminate as of said Vesting Date. The Vesting Date i is defined as the twenty-first (21st) anniversary of the death of the last to die of the living heirs of all I Persons whose signatures appear on this Agreement,in whatever capacity. Section 15.14 Use of the word "Include" or "Including"_. Throughout the Agreement, whenever the word "include" or "including" is used, it shall be deemed to mean "include, without i limitation" or"including,without limitation," unless specifically stated otherwise. i i Section 15.15 Exculpation. Each Party agrees that in the event it shall obtain a money i judgment against the other Party, it will look solely to the estate, interest and equity of such Party in the land and Buildings comprising its Parcel and improvements and such money judgment shall be satisfied of an such judgment and levy thereon against e produced upon execution y J � out of(a) the proceeds �f szl ! r ' such Party's interest in its Parcel and the improvements thereon; (b) the rents, issues or other income received or receivable from such Party's Parcel after the date of such default; (c) the consideration received by such Party from the sale or other transfer of all or any part of such Party's interest in its 22 I i Parcel which consideration shall be deemed to include any assets at any time held by such Party to the extent that the value of the same does not exceed the proceeds of such sale;(d)any insurance proceeds or condemnation award payable as a result of any casualty to or condemnation of the such Party's Parcel, and no other property or assets of such Party or any partner or member in such Party shall be subject to , levy, execution or other process for the enforcement or satisfaction of the other Party's claims or remedies hereunder; (e) amounts due and payable to such Party under this Agreement or any separate agreement between the Parties; and (f) any insurance proceeds paid to such Party under any liability insurance policy of such Party with respect to the other Party's claim which it is entitled to enforce against,or seek reimbursement or indemnification from,such Party or such liability insurance carrier. Section 15.16 Use of Singular and Plural. Whenever the context requires or permits, the singular shall include the plural,and the plural shall include the singular. Section 15.17 Indemnification of Related Parties. Whenever a Party has agreed in this Agreement to indemnify, defend and hold harmless another Party, such agreement to indemnify shall . include such other Party's officers,directors,and employees. Section 15.18 Hazardous Materials. Each Party agrees that there shall be no Hazardous I Materials (defined below) on its Parcel or in its Building, except as part of the ordinary course of such Party's business and in compliance with all applicable Laws. Each Party agrees to indemnify,defend and hold the other Party harmless with respect to the existence of any Hazardous Material on its Parcel or in its Building if and to the extent that the sole source of the Hazardous Materials is the Parcel of the indemnifying Party and a release occurred in the first instance only on that Party's Parcel during such Party's ownership or occupancy thereof. As used herein, "Hazardous Materials" means hazardous polychlorinated biphenyl's, petroleum products, asbestos, and other toxic materials, hazardous li substances or wastes within the meaning of any applicable statute, law,ordinance,regulation,rule,order ! or determination of any governmental or quasi-governmental authority, including the Clean Air Act (42 USC §7401 et se q), the Comprehensive Environmental, Response, Compensation and Liability Act (42 USC §9601 et se , the Federal Water Pollution Control Act (29 USC §1251 et se g), the Occupational ! Health Safety and Control Act(29 USC §651 et se ), the Resource Conservation and Recovery Act(42 USC §6901 et se ), the Hazardous Material Transportation Act (49 USC §1801 et s , the Safe Drinking Water Act (42 USC §300f et seg and the Toxic Substances Control Act (15 USC §2601 et i q)• Section 15.19 Attorney's Fees. in the event that any Party shall institute-any action or proceeding against another Party relating to the provisions of this Agreement, or any default hereunder, then, and in that event, the unsuccessful litigant in such action or proceeding shall reimburse the successful litigant therein for the reasonable expenses of attorney's fees and disbursements (but not exceeding the actual amount of such fees and disbursements) incurred therein by the successful litigant I as an element of the cost of suit,and not as damages. Section 15.20 Performance Excused. Each Party shall(whether or not any particular provision of this Agreement makes specific reference to this Section 15.20)be excused from performing any of its duties, obligations or undertakings provided in this Agreement (except any of its duties, obligations or undertakings to pay any sums of money) if and so long as the performance of such duty, obligation or undertaking is prevented, delayed, retarded or hindered by act of God, epidemic, fire, earthquake, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob violence, civil commotion, sabotage, malicious mischief, strikes, lock-outs, action of labor unions, condemnation, order of civil or military or naval authorities,embargoes,impossibility of obtaining materials, or any other cause,whether 23 I similar or dissimilar to the foregoing, not within the reasonable control of the Party in question. Specifically excluded are delays resulting from a Party's inability to obtain financing or a Party's lack of capital. Section 15.21 Term. The term of this Agreement will commence on the date hereof and will ,I terminate on the Termina tion Date, provided, however, notwithstanding the foregoing the easements granted in this Agreement shall be perpetual. (REMAINDER OF PAGE INTENTIONALLYLEFT BLANK) i i I 1 24 ' i IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date and year first above written. OAKBROOK SHO PING CENTER,LLC, a Delaware limit is ' ity company By: Au razed Si atory STATE OF ILLINOIS ) ss COUNTY OF COOK ) ! On this ZSA�day of 3UVL_, 2012 before me, a Notary Public in and for the jurisdiction aforesaid, perso appeared M i 12�I h ,who is known to me to be �� the hikti veil-4 �i q na11 of Oakbrook Shopping Center, LLC, a Delaware limited liability company,and the identicaYperson4ho signed the foregoing instrument on behalf bf Oakbrook Shopping i Center,LLC and acknowledged such execution to be t voluntary act and deed of said entity. otary Public (Notarial Seal) I =NOTA AL OAKBR K C R EAST,LLC, a Delawar li t li ility company SEN OF ILLINOIS ES:o8=12 By: A orized i tory i STATE OF ILLINOIS ) ' ss COUNTY OF COOK ) I On this 4-0 day of V h{, 2012 before me, a Notary Public in and for the jurisdiction aforesaid, ersonally appeared M yV i tt � '�i t yl C- ,who is known to me to be the of Oakbrook Center East, LLC, a Delaware limited liability company, and the identi person who signed the foregoing instrument on behalf of Oakbrook Center East,LLC and acknowledged such execution to be the v luntary act and deed of said entity. i I C, ` I Notary Public (Notarial Seal) OFFICIAL SEAL LESLEE C NISSEN NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIR:o B=12 25 ill EXHIBIT A i THE SITE i (LOT 1,LOT 2,AND LOT 3) art of the Southwest 1/4 of Section 3 of Oakbrook Center East Lots 1, 2 and , a Sub division of part to the Plat thereof Third Principal Meridian ac of the Th 9 23, Town 39 North, Range 11 East p 20 Q 2012 as Document No. � V3 recorded � � �b� i l i i i i 1 I EXFIIBIT B MALL PARCEL ' Real property in the Village of Oakbrook, County of DuPage, State of Illinois, described as follows: 1 Parcel 1: ! The following lots and portions of lots in Oakbrook Terrace,a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded October 24, 1960 as Document Number 984765: Lot 2; . That part of Lot 3 described as follows: Beginning at that corner in the Northerly boundary of said Lot 3 which is also the most Southerly corner of Lot 2 in Oakbrook Terrace and running thence Northeastwardly along the Northwesterly boundary of said Lot 3, which is also the most Southeasterly boundary of said Lot 2, a distance of 195 feet; thence Southeastwardly along a line perpendicular to the last described course, a distance of 20 feet; thence Southwestwardly along a line parallel with said Northwesterly boundary of Lot 3,a distance of 195 feet; and thence Northwestwardly along a line perpendicular to the last described course, a distance of 20 feet to the point of beginning; and That Pa rt of Lot 3 described as follows: i Beginning at the Southeast comer of said Lot 3,thence South 89 degrees, 19 minutes, 24 ' seconds West 38.79 feet on the South line of said Lot 3; thence North 00 degrees, 42 minutes, 33 seconds West 305.58 feet to a point in the East line of said Lot 3; thence South 27 degrees, 56 minutes, 59 seconds East 85.03 feet along said East line; thence South 00 degrees, 40 minutes, 36 seconds East 230 feet along said East line to the point of beginning; i That part of Lot 3 described as follows: Commencing at the Southeast corner of said Lot 3; thence North 00 degrees,40 minutes, 36 seconds West 230 feet along the Easterly line of said Lot 3;thence North 27 degrees, 56 minutes, 59 seconds West 174.67 feet along the Easterly line of said Lot 3 to a point of beginning; thence North 38 degrees,24 minutes, 23 seconds West 341.23 feet to the Southeasterly line of Lot 2 in Oakbrook Terrace,said line being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 257.16 feet; thence North 38 degrees, 24 minutes, 23 seconds West 65.79 feet; thence North 51 degrees, 35 minutes, 37 seconds East 556.91 feet; thence South 1 degree,05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35 minutes, 37 seconds West 478.55 feet to the point of beginning; Lot 4 Except that part thereof described as follows: Commencing at the Southwest corner of said Lot 4;thence North 1 degree, 05 minutes, 37 seconds East along the West line of said Lot 4,615 feet to the Northwest comer of said Lot 4; thence South 88 degrees, 54 minutes, 23 seconds East along the North line of said Lot 4; 423.32 feet; thence South 1 degrees, 05 minutes, 37 seconds West 631.27 feet to a Southerly line of said Lot 4;thence North 38 degrees,24 minutes, 23 seconds West along said Southerly line, 21.10 feet to an angle point in said Southerly line; thence North 88 degrees, 54 minutes, 23 I I ' seconds West, along said southerly line of said Lot 4, 409.90 feet to the.point of beginning; And excepting that part of Lot 4 conveyed by deed recorded December 5, 1990 as Document R90-164723, described as follows: Beginning at the Northern most corner of said Lot 4; thence Southeasterly along the Northeasterly line of Lot 4, a distance of 164.67 feet; thence Southwesterly along the Southeasterly line of Lot 4, a distance of 34.05 feet; thence Northwesterly along a line which is parallel with the Northeasterly line of Lot 4, a distance of 115.06 feet;thence Westerly along a line which forms an angle of 140 degrees 30 minutes with said last described line, a distance of 77.99 feet to a corner of Lot 4; thence Northeasterly along the North line of Lot 4, a distance of 94.23 feet to the place of beginning; Lot 5 (except the North 25 feet of said Lot 5); That part of Lot 6 in Oakbrook Terrace, a subdivision of part of Section 23,Township 39 North, Range 11 East of the-Third Principal Meridian, according to the plat thereof recorded October 24, 1960 as Document 984765, described as follows: Beginning at the Easternmost corner of said Lot 6; thence Southwesterly along the Southeasterly line of Lot 6, a distance of 171.83 feet; thence Northwesterly at right angles to said Southeasterly line 24.98 feet; thence Northeasterly, along a line which is parallel with said Southeasterly line, 120.41 feet; thence Northwesterly at right angles to said Southeasterly line 54.50 feet; thence Northeasterly, along a line which is parallel with said Southeasterly line, 51.42 feet; thence Southeasterly along the Northeasterly line of Lot ace of beginning, in DuPage County, Illinois; 6, a distance of 79.48 feet to the pl That part of Lot 9 lying southerly of the Southerly line of the 80 foot strip described as the j easement property in the instrument recorded September 28, 1962 as Document Number R62- 34593 (except that part of said Lot 9 falling in Spring Road and 22nd Street as described in j Documents R61-21444 and R61-30843). E I Excepting therefrom: I ' The building and such structures,other improvements and fixtures located in or-on said building or otherwise attached thereto or installed thereon the following described parcel: That part of Lots 3 and 9 in Oakbrook Terrace, a subdivision of part of Section 23,Township 39 i North, range 11 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Lot 3; thence the following three courses along the Easterly line of Lot 3 aforesaid (1) North 00 degrees 40 minutes 36 seconds West 230.00 feet; (2) thence North 27 degrees 56 minutes 59 Seconds West 174.67 feet(3)thence North 51 degrees 35 minutes 37 seconds East 176.92 feet to a place of beginning; thence North 38 degrees 24 minutes 23 seconds West 132.50 feet; thence North 51 degrees 35 minutes 37 seconds east 110.00 feet;thence North 38 degrees 24 minutes 23 seconds West 5.00 feet; thence North 51 degrees 35 minutes 37 seconds East 25.44 feet; thence South 38 degrees 24 minutes 23 seconds East 5.00 feet;thence North 51 degrees 35 minutes 37 seconds East 110.00 feet; thence South 38 degrees 24 minutes 23 seconds East 202.80 feet; thence South 51 degrees 35 minutes 37 seconds West 98.44 feet;thence South 38 degrees 24 minutes 23 seconds East 2.50 feet; thence South 51 degrees 35 minutes 37 seconds West 20.00 feet; thence North 38 degrees 24 minutes 23 seconds West 2.50 feet; thence South 51 degrees 35 minutes 37 seconds West 127.00 feet; thence North 38 degrees 24 minutes 23 seconds West 70.30 feet to the place of beginning. Also excepting from Parcel 1: Lots 1, 2 and 3 of Oakbrook Center East, a Subdivision of part of the Southwest 1/4 of Section 23,Town 39 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof i . � a recorded ;3AA F� Pbq . 2012 as Document No. J-0 2 Q K30 3q Parcel 2: That part of Lot 4 in Oakbrook Terrace,a Subdivision of part of Section 23,Township 39 North, Range 11, East of the Third Principal Meridian according to the Plat thereof recorded October 24, 1960 as Document 984765, described as follows: Commencing at the Southwest corner of said Lot 4, thence North 1 degree 05 minutes 37 seconds East, along the West line of said Lot 4, a distance of 40.00 feet of the point of beginning; thence continuing North 1 degree 05 minutes 37 seconds East, along said West line, 575.00 feet to the Northwest corner of said Lot 4; thence South 88 degrees, 54 minutes 23 seconds East, along the North line of said Lot 4,a distance of 423.32 feet; thence South 1 degree 05 minutes 37 seconds West 145.00 feet; thence North 88 degrees 54 minutes, 23 seconds West 303.32 feet; thence South 1 degree 05 minutes 37 seconds West 354.70 feet; thence South 88 degrees, 54 minutes, 23 seconds East 70.00 feet; thence South 1 degree 05 minutes 37 seconds West ' i 75.30 feet;thence North 88 degrees, 54 minutes, 23 seconds West 190.00.feet to the point of beginning, in DuPage County, Illinois. i s I i rn rn r Z Z rn v Do 0 rn = z fiFF� _ o M ;v r m r-- •� Wz _ rn 0 z • • • • TABLE OF CONTENTS • • 1. TABLE OF CONTENTS • 2. LOCATION PLAN - 1 3. LOCATION PLAN - 2 • 4. EXISTING CONDITIONS - 1 S 5. EXISTING CONDITIONS - 2 • 6. EXISTING CONDITIONS - 3 • 7. EXISTING CONDITIONS - 4 8. LEVEL P1 DIAGRAM • 9. LEVEL P2A DIAGRAM • 10. LEVEL P3 & M1 DIAGRAM 11. LEVEL M2 DIAGRAM 12. THEATER IMAGERY • 13. PERPECTIVE 14. SECTION DIAGRAM • 15. SCHEMATIC ELEVATION - 1 16. SCHEMATIC ELEVATION - 2 • 17. PERPECTIVE • 18. EXISTING SITE PLAN 19. PARKING DECK SITE PLAN • 20. PARKING DECK PLANTING DETAILS • 21. LIGHTING - EXTERIOR FACADE/SURFACES 0 22. LIGHTING - THEATER WALL - NORTH ELEVATION • 23. LIGHTING - GARAGE RAMP - NORTH ELEVATION 24. LIGHTING - EGRESS STAIR TOWER . 25. LIGHTING - GARAGE ENTRY RAMP • 26. LIGHTING - INTERIOR GARAGE LIGHTING • 27. PARKING RATIO EXHIBIT • 28. FLOOR PLANS - P1 & P2A • 29. FLOOR PLANS - P3 & M2 30. DRAINAGE EXHIBIT • 31. PERVIOUS AREA EXHIBIT 0 32. UTILITY EXHIBIT • 33. PHOTOMETRICS EXHIBIT • 34. PROPERTY EXHIBIT - 1 35. PROPERTY EXHIBIT - 2 • 36. PROPERTY EXHIBIT - 3 • • • • • • • • NOVEMBER 12,2014 O M N I PLAN OA K B ROO K GC` TABLE OF CONTENTS C E N T E R • • • • • 56 • 38 • 88 • W.22nd St. • • 16th St. 31 st St. • f 83 • 34 • RED DECK PARKING • � VICINITY MAP • ��,���Ca`` NORDSTROM G SEARS • ORANGE • PARKING CORPORATE VACANT DECK OFFICE TOWERS �:�- � • 4-SCREEN CINEMA • g � • OAKBROOK CENTER • cc LORD LORD&TAYLOR • QD NEIMAN MARCUS z • Y • • • • W. 22nd St. • I`� • • • • • NOVEMBER 12, 2014 O M N I P L A N OA K B R O O K Gc-F LOCATION PLAN - 1 C E N T E R • • s • • • • • 16th St. • • • • • RED PARKING • SEARS MAINTENANCE DECK CENTER Q, 'Q3 C�� NORDSTROM Lij • z SEARS s � ORANGE o • PARKING CORPORATE c� • DECK OFFICE TOWERS z • VACANT • 4-SCREEN � • CINEMA • • • OAKBROOK CENTER • • • NOVEMBER 12,2014 O M N I P LAN OA K B RO O K GAP LOCATION PLAN - Z C E N T E R Z m rn 490, N 9 \j ND rm °A?C ID as fir, -� Z ° c o0 I m/� v Zo m O ADO G) I I C:)2 m oll CD �p i fey r �J � . . r 11 ot (� Q •'i r- •R s a� ' -- - .... � _ . i . i • -.._ n-ti � .-.�'. � .. � �„a. ., *�•-... ce. ��- may' - _ (j,�ts a � °� F w. 7 t K w Wm AbLil 14 04— qqw Ilk 'Ilk s NIO i. a. r ....... ... .. • • aL' • • `T�tq } s « , • OAK BROOK CLUB • .6th S'. C a RED -� - PARKING DECK • �� DOUBLE TREE'HOTEL- • ,.,x NORDSTROM OAK BROOK v. - _ B O Off' SEARS • ns / ORANGE • i PARKING CORPORATE • i� VACANT DECK OFFICE TOWERS 4-SCREEN CINEMA • OAKBROOK CENTER • • IDG • Y N MARCU ARCU S • N • T • W.22nd Si. • A • • • NOVEMBER 12,2014 O M N I P LAN OA K B R O O K GGP EXISTING CONDITIONS - 3 • C E N T E R • Vim,. .. - - I`� iGi _ �. .� ' v • rx a �'. T • I • s ' s l • Ad • E F • • OAK BROOK CLUB • o stn st • • RaaKiNc • 'v� DECK • DOUBLE TOKTEL- NpRDSTR01vOAK M BRO BROOK • � SEnRS .4f • ? - CORPORATE ti VACANT OMCE TOWERS 4-SCREEN CINEMA • �. n, _. OAKBROOK CENTER s LORD& � y N�LOR �• z NEIMAN • MARCUS N W.22011 St. • • D OVEmBER 12,2014 OM N I PLAN OAK B ROO K GGP EXISTING CONDITIONS - 4 • C E N T E R • NORDSTROM • {�♦♦ .` \ .■ ♦a♦ 4 -- \ LEGEND • RED PARKING DE ■•� ` -, ;�'('� •♦, �[ ,P • •� / ------lam '� '� ' 1 `�l ♦ ° � � � • ♦ • �� • '� EXISTING PARKING • ♦ �� ° <z = y '� GARAGE • `tom`` low��� o ' , ` °�'� / �� �, � - PD AREA • = xzj P - 135 SPACES • _ �?//� , r=� ; LOADING � �1 • ■ ■ �* �' , / /�f • v DOCK 40 J� • � ��� � SEARS • EXISTING PARKING % .+ • • • • • NOVEMBER 12, 2014 OM N I PLAN OAK B ROOK GGP LEVEL P1 DIAGRAM • C E N T E R • NORDSTROM '��•• .� '� ! J ••40.4 4 J LEGEND J •• -1 -4 .r • RED PARKING DECK : ♦ ' , •• .� 4 4 ♦ � " ----� � •• ►`1 .i • • • _ -4 -4 • ♦♦� �� • \� ♦ EXISTING PARKNG -4 • �♦ lop- 14 • `��•� �f �� / /�/ice -4 o `� b \\ 0, #� • -4 '�' PD AREA • �� 1 191 S • ♦ • Z*f SEARS • • o • EXISTING PARKING •• • • • • • • NOVEMBER 12,2014 Q M N I P LAN OA K B RO O K GGF LEVEL P2A DIAGRAM • C E N T E R • NORDSTROM ♦♦�'. • •� q. ♦� •�• LEGEND • T ♦ . / �•• �' RETAIL • RED PARKING DECK i♦. % !• �at RETAIL • �, i PD AREA • P1 - 184 P • � /� • ♦♦ Z*40p, SEARS • EXISTING PARKING • • • • • • • NOVEMBER 12,2014 O M N i PLAN OAK B ROO K OGP LEVEL P3 & M1 DIAGRAM • C E N T E R NORDSTROM • :: • RETAIL �• ;i j �'` LEGEND � �• � RET ♦♦ ' • RED PARKING DECK •�► �♦ " • RETAIL .100 ' - - -- - u • i`;`` �� i iii a�ii Yl° ' RETAIL ���` �> • DINING ••• .��► • x• <lc�' RETAIL / �� DINING RETAIL #- 0 • • • . • ♦♦ *'' SEARS • EXISTING PARKING • • • • • • • • NOVEMBER 12, 2014 O M N I PLAN OA K B ROO K C-P LEVEL M2 DIAGRAM • C E N T E R • 4 Jm \ *v r, T T - TT r look ir • a _ V•w — — 1 Al RFM f ? 6 x r x • _f ��•f^ V L � a 4 + r ,.' low ► E i _ Ems' or r h � - r �. f MOW- , rt' .,,. a "A a.t - e C W rn .l N � N O O r , ' _ _ F k' t4 r T A .rtry! F w I i i Z. b, , r , D vo , rn Z O mO - -- a I _ � 'r R l L I ' 1 m 71 Iii f I i t I II • • EXISTING NEW DINING EXISTING NEW CINEMA - * RETAIL BEYOND SEARS BEYOND • � I i � I FEATURE WALL PARAPET 84'-3 3/4" ' THEATER w EW DINING ROOF I PARAPET 7 0" 79' 3 3/4" THEATER RF 74'-4010/2 " X MALL PARAPET 56'-4" X MALL ROOF _ _ _ _ _ EX MALL LEVEL 5'-0" • ' M2 3T-0" MALL LEVEL _ �_)_ _ - - - - �J-'- - PODIUM LEVEL 0. - - - - 34'-11" MALL LEVEL _ LEVEL P3 M 1 LI • 22'-6" 19'-0" - - ! I r _ LEVEL P2A .L X LEVEL P2 __ _. 11'-3" 8'-61/22" - - - - - X LEVEL P1 _ 0'-6 5/8" LEVEL P1 • 0'-0" EXISTING BUILDING 'G' i NEW PARKING GARAGE/CINEMA • • • • EXISTING RETAIL EXISTING CONCOURSE NEW PARKING GARAGE NEW ENTRY RAMP • • • i • • i NOVEMBER 12, 2014 i OM N I PLAN OAK B ROOK CCU SECTION DIAGRAM C E N T E R • • • iFEATURE WALL PARAPET • 84'-3314" THEATER ALUMINUM CURTAIN WALL PARAPET SYSTEM 79'-3 3/4 _ --I HEATER ROOF i '74'_4„2” ci ne EIFS ON INSULATION BOARD _ EIFS ON INSULATION BOARD . PRECAST CONCRETE WALL PANEL(SEE STRUCTURAL) PANEL(S EST CONCRETE WALL ' �PANEL(SEE STRUCTURAL) .. ._ .__... i ._7- EX MALL LEVEL T -T- - (M2) HOLLOW METAL DOOR AND �--0" GLAZING FRAME • PD -SOUTH ELEVATION • • • • • FEATURE WALL EIFS ON INSULATION BOARD • PARAPET 84'-3 3/4" THEATER PARAPET � 79'-3 3/4' THEATER ROOF l = n • 74'-4 1/Z" c • EX MALL LEVEL ` 5 M2 • 3T 0" r-__� r___�.� r______� r______-__� - - -- ITENANT) I TENANT I I TENANT I I TENANT I - -- • PODIUM LEVEL_ - _ - `---J L----J L _! J ` -- J X34' +e '}���'�'T� Im LEVEL P3 22'_6" LEVEL P2A t1 _ I , I z ^^ LEVEL Pt ALUMINUMC O' _0 PRECAST CONCRETE WALL PRECAST CONCRETE METAL PANELOCOLOUMN ALUMINUM COMPOSITE UPTURNED BEAM/CRASH UPTURNED BEAM/CRASH NORTH ELEVATION ME AL PANE LS T • PANEL(SEE STRUCTURAL) WALL(SEE STRUCTURAL) COVER,TYP. WALL(SEE STRUCTURAL) • • • • • • • • • ' OM N I PLAN OAKBROOK GCS SCHEMATIC ELEVATION - 1 . C E N T E R iALUMINUM COMPOSITE FEATURE WALL METAL PANELS EIFS ON INSULATION BOARD EIFS ON INSULATION BOARD • PARAPET v 84'-3 3/4" THEATER PARAPET mu 79'-3 3/4" - — THEATER ROOF NEW DINING ROOF 74' 4 1/2" pp� _ - - 67' 0" V EX MALL PARAPET --- - EX MALL ROOF 55,_Q" • EX MALL LEVEL _ - -- - M2 37'-0" EX MALL LEVEL • —. — I - - - — ----- - - - M2 ft PODIUM LEVEL _ _ - -- 1 i 37'-0" I 1 Ili(II ' lI ' f -- - �, �? + EX MALL LEVEL Vg6L-3 19-0 - - LEVEL P2A ' 11 3.- _ - - = _ - EX LEVEL E/ EX LEVEL P1 5/8"v EXISTING WALL TO REMAIN LEVEL P1 ALUMINUM COMPOSITE HOLLOW METAL DOOR AND PANEL PRECAST CONCRETE �_PRECAST CONCRETE WALL - 01-0. METAL PANEL COLUMN UPTURNED BEANVCRASH FRAME SEE STRUCTURAL) PRECAST CONCRETE WALL COVER,TIP. WALL(SEE STRUCTURAL) PANEL(SEE STRUCTURAL) • WEST ELEVATION • EIFS ON INSULATION BOARD EIFS ON INSULATION BOARD FEATURE WALL PARAPET GLAZING 84'-3 3/4" . - - THEATER - -- - PARAPET - - - - - 79' 3 3/4" L1 • THEATER ROOF NEW DINING ROOF a n e 4__ 0" EX MALL PARAPET' I ' 56'-4" _ EX MALL ROOF = X '-0" `;L � ! - {{ : Vii} j� j EX MALL LE MIL 55 n - - _ ` - : N 34-11 __.. LEVEL P3 • EX MALL LEVEL T -� - - - - 22._ oll - - � LEVEL_P2A � EX LEVEL P2 3" u v 8'-61/2" m LEVEL PI - - _ • PRECAST CONCRETE WALL PRECAST CONCRETE WALL PRECAST CONCRETE WALL PRECAST CONCRETE HOLLOW METAL DOOR AND PANEL(SEE STRUCTURAL) PANEL(SEE STRUCTURAy LEVEL P1 n • PANEL(SEE STRUCTURAL) COLUMN(SEE STRUCTURAL) FRAME 0'_01 0 EX LEVEL P1 EX LEVEL P1 -0'-6 5/8" 0'-6 5/8" EAST ELEVATION NOVEMBER 12,2014 O M N I P LAN OA K B RO O K GGP SCHEMATIC ELEVATION - 2 C E N T E R • ! 00 0 • 0 • ! •-ri ! ! • • • • • • • • • ! • .......... i � r � f } m» �i ° t . 3 NN}} zp d' y +rys MN O ]� +x a T �� Nr A A y 4. X't'vWM' } 110 � WAK ' d a.y mss". a 1 A ,f k"o^. A% r .` *L�►""'_-may. `r "` *yR�+t� y�° p • -�• • "IMPROVEM:ENTS 5HOA4 AITHIN THE LIMIT OF AOR< THAT ARE OU750E OF PLANNED DEVELOPMENT BOUNDARY WILL • BE 0ON5TRUC-ED iN CONJUNCTION A17H PD IMPROVEMENT5 1 + I r r rl } + l • -- TRM PCG'-cnGN FE\G!45 - TR!"TO BE TR=TO BE 7EwOL'S�CD r= , EXiS_,.�'ARK 4-1 LOT TO SE 7EMOL"� AID (REF.ARCW� !V! IIl.GS! , • -—_�- -- -4 I __i--\i �_ `—_ ,.." it` '1 ='` _-_`� \" _`_= I -_�\ —_ _--- --- T ♦� __ _ l%— `,�,,� • Id _ __, • r 1 • f T r • d 1 • 1 i^ ( .• \} ( :; -tee•,\ ` 'JI r f a 1 -` \_� \ • 1 + T • I � • I , TLEE PRr'LGT!O'v Fl:kGiN6 LEE G BE PRCJ'EG-© T'i'p I � r ,, r � t �� �� (� 1( r 1 ( .�1 I"-- —, s�' s•� !' it 4 1 �} *� b- r( 4 1 L 1 • , - • -; 0 • ti F • ti r • NOVEMBER 12,zoa O M N I PLAN studio�C',` ,,. OA K B ROO K GGP EXISTING SITE PLAN • C E N T E R Z 0 G m 00 m J N N O o z z I _— �. c I n CL 0 mD , A ° :c Irn z n { �U-4, I d A� I a zro� a ❑ D I prnz '! (�1r'nz o ❑ ❑ I Opp rn -- °� I.-1 du I i 30 o Az -� - ° ❑ °Dn I � cp I� 3 zF-i �EP M;;o yF Z° I 11111 r,{YYT� rn O mA i I I � I I I I I + of � ♦ � � r.`► -- 11111 ���-�%''� � � r n cn m r 1 0 PD PLAN REQU IREMENTS r PURPLE WINTERGREEPER • (SPRING/SUMMER) SCREENING a ADJACENT USES:PARKING AND RETAIL ON ALL SIDES,NO PUBLIC STREETS,NO SCREENING # REQUIRED NOTE:EVERGREEN FOUNDATION SHRUBS PLANTED ALONG GARAGE PERIMETER WHERE POSSIIBLE DEPTH OF LANDSCAPED AREAS REQUIRED SCREENING/LANDSCAPE AREA: MIN.10'DEPTH,AVG.15 DEPTH SEE PARKING DECK SITE PLAN FOR DIMENSIONS OF PLANTING AREAS • NOTE:PLANT SPECIES INCLUDE EVERGREENS AND BE MAINTAINED ON A REGULAR "' f BASIS. WHITESPIRE BIRCH PURPLE WINTERGREEPER PLANT LEGEND: (AUTUMN/WINTER) yl ',► ��jj .!� !' PLANT COMMON NAME MINIMUM MINIMUM MINIMUM MINIMUM GOMI••1ENT5 I '�'Y 7• ktf t Y' � +{Tl'!'{ A y C ABBR. BOTANICAL NAME SIZE HEIGHT SPACING a �� 4n �^�# TREES AW'7 SFIRUB9 • }�, .a�' 4 ;� #p"�►,f �+t 4�!•� d t` O Ater miyabei'Morton' S Ib' 10'-12' MATCHED,WELL BRANCHED,FULL CANOPY,STRONG CENTER LEADER. STATE STREET MAPLE GAL KANEVILLE NUR5ERY: PAUL OUZZETTA 630.55-1.2'193 WHITESPIREICRAY BIIRGH Ire' GA 6" MATCHED,WELL BRANCHED,FULL CANOPY.STRONG GENTER LEADER.1.P Fes' P L 16' 10'-12' - KANEVILLE NURSERY:PAUL 6UZZETTA 630.55'1.2"193 1 Demo Tree f O 'd ?.s. q 4 � �+'.Ft ly,s} ��• y, > '�� +4�y'li• Yom, �pri =� Existing Tree Be Buxus'Green Velvet' 30" NURSERY GROWN,FULL,WELL ROOTED BOXWOOD t I, i Tnesm�r.raeners _ .�` •$� �` i �¢' OROUNDOOVERS*BRA55E5 3a. ! " Poo Pratensis SOD REFER TO SPECS PP - STATE STREET MAPLE 0 KENTUCKY 5LUEORA55 500 CONTAINER GROWN,FULL,WELL ROOTED EF EUR PLE fortunes var.'GOloratus' g" 12" 12"O.G. PURPLE WINTERGREEPER GAL BOXWOOD KENTUGKY BLUE GRASS 0 NOVEMBER 12,2014 Q M N I P LAN studio0utside OA K B ROO K GGP PARKING DECK PLANTING DETAILS • C E N T E R Exterior Facades/Surfaces 0 Theater Wall– North Elevation 0 The exterior north facing surface of the building will be illuminated 0 softly using linear LED grazing lights mounted near the base and/or 0 top of the wall's structure. The LED sources will be of a very-narrow distribution, producing task-localized light along the height of the wall, Clt1e revealing the metal surfaces, including the scrim-like texture of = feature panel areas, all while maintaining good off building 0 concealment of the actual light fixtures – neutralizing un-wanted 0 glare. The cool LED white tint will accentuate the metal materials. Garage Ramp – North Elevation !� rr- 0 In order to reinforce the presence of the garage entry ramp, a _r r 4 Y4y, channel concealed LED strip light will be installed near the top of the ramp's outward facing crash wall surface to highlight wall itself, ``°°� -` =--: � ='- °' 4 —� providing a soft white ribbon definition to the ramp diagonal. The interior surface of the same wall will incorporate a linear notch within its profile to accept a low brightness LED strip to illuminate the driving • surface. 0 Zw-wall roun grazing light Linear low wattage LED source 0 at base of stair tower (3 sides). concealed within channel and Egress Stair Tower � mounted to face of exterior ramp wall. The stair tower which visually anchors the east end of the garage will be dramatically uplighted from grade, providing reinforcement for 0 way finding and helping to connect the building to the ground at night. • Linear low wattage LED wall grazing light to illuminate metal surface materials. Garage Interiors The interior of the parking deck will be illuminated using low brightness, pendant mounted Light emitting Diode (LED) area lights capable of delivering needed functional safety and nighttime security light to the facility's publically accessible zones. A flat-lens optic used with the selected fixture will help control glare and light trespass. High efficiency LED chips minimize energy concerns and will provide an option for after-hours reduction in light levels. NOVEMBER 12,2014 O M N I P LAN OA K B RO O K GGP • C E N T E R • • Theater Wall— North Elevation PF • • _ • d cine a U- JLUR= • Linear low wattage LED wall grazing light at top and/or bottom to illuminate metal ! cladding material. • • • • • • i • NOVEMBER 12, 2014 O M N I P LAN OA K B R O O K GGP C E N T E R • • Garage Ramp — North Elevation Ad • • • • • 0 =,r • Linear low wattage LED source mounted within channel and installed to face of exterior ramr) wall • T • Uwa tD am G svx n Lm MM Dins ssw r pa�wtc� F z trrr ranrs�ro v�w n • anvwu mm us. nem¢.Vc ceucrm i pr�vr sin► • • • • • • • • • • 40VEMBER 12,2014 O M N I P L A N OA K B R O O K GCGP • C E N T E R • • • Egress Stair Tower • • • • cin6 • , • • • Ground or low-wall grazing lightfII11i11111�1111111ilTTIl11i��ill�l� �l���� • at base of stair tower (3 sides). • • • • • • • • • • • • • NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP • C E N T E R Garage Entry Ramp 4V, • ' tt t Continuous run of concealed linear, luminous LED strip ' A ' mounted within precast notch to illuminate ramp surface, 3• NOTCH PROVIDED IN CONCRETE TO ACCEPT • LINEAR WHITE LIGHT LED FIXTURE TO WASH OUTWARD ONTO RAMP. • • • • • • • NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP • C E N T E R • • • Interior Garage Lighting • • • .t. !, R t ! ! R ! R R A - 2 R R R i R A R s a {S1 • L L R S ! t S 2 R 2 ! 2 S S J S S S S- S. / lug - .e. a • R R R R 2 t R R R R t ! ! R R t 2 2 A -- -- • ,? 8. A R R R 2 A R R A £ R R R +: r x .� �, �,� q a • • Low brightness, pendant mounted Light J° • emitting Diode (LED) area lights for I �' • functional safety and nighttime security light. U �- • • 10, • TRUNNION MOUNT • ;�,: °4 9-114" g' [236mm] • Adjustable to 14" • �[356m�rYi] • 4-"16 • (106n,m] Elevation View 18-3Z' [466mm] • • • • • • • • • I4OVEMBER12,2014 OMNIPLAN OAKBROOK GCP • C E N T E R • PARKING AREAS • I i c__o- j AREA TYPE AREA • I • I I 4 // 0 EXISTING PARKING REMOVED -27,473 SF • , o— I � _-__ __ � ❑ NEW PARKING ADDED 141,453 SF — — -- / ° I Grand total 113,981 SF r —— i�i GROSS BUILDING AREAS — GROSS REQUIRED 1 -� b BUILDING PARKING • d-11 r, lu = i AREA TYPE AREA AREA . 7 u i nnuuu -1i FOOD HALL(ADDED GBA) 7,170 SF 10,755 SF • . .� D D D D C FOOD HALL PLAZA(REMOVED GBA) -6,859 SF -10,289 SF THEATER ADDED GBA 49,822 SF 74,733 SF i I �� Grand total 50,133 SF 75,199 SF i PARKING AREA PROVIDED BEYOND REQUIRED 38,781 SF • _ 1 \ r' � r PARKING SCHEDULE • '"" TYPE COUNT i Existing Removed LEVEL P1 LEVEL P2A SURFACE -238 • 'G'GARAGE -4 -242 • New Construction • -- LEVEL P1 126 --- - - - - --°- - —� - I � LEVELP2A 191 LEVEL P3 184 • 'I 501 • I_ —I Net Gain 259 i a — • Do Q I I I • II I _ I I E. i • • LEVEL P3 MALL LEVEL (M2) • • `JOVEMBER 12,2014 O M N I PLAN OAK B ROO K GGP PARKING RATIO EXHIBIT i C E N T E R • Al A2 A2.8 Al A4 A5 A6 A7 A8 A9 A10 A11 Al2 A13 Al A2.8 Al A5 A6 A7 A8 A9 A10 A11 Al2 A13 • QQ Q Q 4 4 4 G 4 4 4 44 I I I I • AG I I I I I I I I I I AG 1 Al A2 A2.8 Al A4 A5 A6 A7 A8 A9 A10 A11 Al2 A13 • Al A2 A2.8 Al A4 A5 A6 A7 A8 A9 A10 A11 Al2 A13 44 4 4 I I I � • A� I I I I I I I I I I I I I A� I I I I I I I I I R • I i I I I I I � ;I I II I I I I I I I I I I • I I I i I I I � � � I ' I I I I I I I I I I I I I I I I � • qp --- - - ---�-�--'--- -�_-�--'-�_ - --�-'�—'---�- - - - = - -- AD --- / TH ATER • I I f • D � d4 LEV�L P3 1184 SPACES • � I i I _I I I ICI � 6����� I ,, I • I I I I I I I`�' I I I I I I I I I I I I I _ �L -I - - I • AB --- - - -I , r - I- - _ --- I • B - - - - - - - J - - - - - - ---- - - - - - - --- --1 - - - - - -- I I I • I I to I I { � � I C I 1 I I • I- --�- -�-�- --�- -I--�- -+- �--�- --�- -�- �. - -T--- - ,- w DININGIJ - I �- -- • I I I I I I a I I I I i I i � DININ� ~ --- — I I • F ------- - - -- o _ - -- • G --- - - - -�-1- - - - - - - - -{-- - - - - -�- - G - --'- - ---' - -- - - -- rt- -- --- --_ - - -- I H - - - -- ---I--- --- ------�- - - ---� - - --I- - H - - - - - - - - -- -_ �'' _ _ _ I_ _ _ _ �H i I I I I I I � J �__ � —1 fi I I • V • ' I I I I 7 8 9 10 11 12 13 14 15 16 17 18 19 7 8 9 10 11 12 13 14 15 16 17 18 19 • � � � � 20 20 • P3 FLOOR PLAN 32 M2 FLOOR PLAN � 0 64 0 � LEM[7• • • • • NOVEMBER 12,2014 OMNIPLAN OAKBROOK GGP FLOOR PLANS - P3 & M2 • C E N T E R EXISTING _ --- STORMWATER --- — ----- DETENTION POND -- T —————— STREET --- — _ � 16TH — ------------- ��'� -- 16CF1 S'fREE • --,-•- -- -- - I • + _ I .s f 00 �� - ,/ RED =t- � LIMITS OF PD AREA PARKING I" I ♦ STRUCTURE 1' i��i / ��� � i' / i,' ♦♦ STORM SEWER ��i/ �♦ �� / /,� �A (TYP) • ,;;��/�� \\� (` /��/ FLOW DIRECTION \\ c�F,O ��P\ I NORDSTROM I I • - i'' iy¢ _ /"4 (TYP) ♦ / Q� h // t '``\ �N�_ BL � �� � - _ �,, " ° / /,���� UE '> r ,a� PARKING STRUCTURE -- -- __ "ALL � ,�� •\ SEARS lei NOTE: GRAPHIC SCALE STORM WATER RUNOFF FROM THE PD AREA WILL BE 75 0 37.5 75 150 300 DIRECTED TO THE NORTH INTO AN EXISTING STORM N • WATER DETENTION POND LOCATED BETWEEN THE MALL RING ROAD AND 16TH STREET. ( IN FEET ) • 1 inch = 150 ft. NOVEMBER 12,2014 O M N I P LAN OA K B RO O K GGP DRAINAGE EXHIBIT C E N T E R • 4b, LIMITS OF PD AREA =_= RED PARKING • I b � � STRUCTURE • o- PROPOSED PARKING o-= DECK/THEATER I �- VIA • J • • SEARS o- _fll _ f I Rif b 1�I 0 s • 16 O F t y r ` BLUE I PARKING # NORDSTROM � I STRUCTURE ,� Y 1 _ I • _-wz-- E -E • THEATER SITE STAnS77CS 1 F(,FNl7 PD AREA 183,245 S.F. (4.21 AC.) GRAPHIC SCALE / • r PD AREA EXIS77NG PERVIOUS AREA 19,350 S.F. (0.44 AC.)-10.56% 40 0 20 40 80 160 �J EXIS77NG IMPERVIOUS AREA 163,895 S.F. (3.76 AC.)-89.44% • PROPOSED PROPOSED PERVIOUS AREA 14,510 S.F. (0.33 AC.)-792% /v PERVIOUS AREA PROPOSED IMPERVIOUS AREA 168,735 S.F. (3.88 AC.)-92.08% IN FEET • CHANGE IN PERVIOUS AREA —4,840 S.F. (-0.11 AC.) —2.64% 1 inch = 80 ft. CHANGE IN IMPERVIOUS AREA +4,840 S.F. (+111 Al.) +1641 • • • NOVEMBER 12,2014 OM N I PLAN OAK B ROO K GGP PERVIOUS AREA EXHIBIT • C E N T E R • • I off?I I� T � S I�Q y I I ; I j � � . 3 � � I �� / — --- : I--- -----. I i i - - • II .. P ---- -- ----- ---- I � „ I / . • I I ij I� i j �—�_I� � � � �/ � I � I I I it II i kl I. � � I / I. ii .I �� \�♦ • _ -I R e -,I T -------- ---I 1i F-F - -- -l�F----- ----- • �, I Q II PD LIMITS I : i I • �� IIryry _= A I I i b I i � I REp PARKMG OECN - I zos KECULVt SPRBS I I I I I 1 II RED PARKING �Y HANDICAPPED$PACES '11 I -' I //� I ♦ STRUCTURE o • I 1 1 i III _... I � �'I�\� I i 1 .°I • � I I o000000� I � � �/ � /�� r • -+ I - -- t --- t • Ti I js - - - = �- - — / rte I / - I -- - ��-.-1-----�-------- ----�-- --� - � - - it L--- -------- _-- -- I ^ I F i • I I-I I I i Ili I ' �/ i / � I I I ••�� � I i it I i. i � � coNma —�\\ — ---n^— .i ---`—T SEARS s" NDMD I �I • __� �i'�'m ' ''�■P� I 'r- • \ /f ed a - - -..i „ I I I I yl T ■ te a : i ;ice a a � i �i-i I 1 III -IT - ,- Lam, - - I I -�__''-____I �I o- I ❑ �I 9 I t —� I I I j�j I I 9 () epy IJ NORDSTROM • Iii I ��-a! i I -_ I I I n I-- BLU PARKING f --fI TRANSITION FROM 15'TO 20' Q. • s EASEMENT WIDTH GRAPHIC SCALE / _ 7 • EASEMENT BOUNDARY j�, 30 0 15 30 60 120 ♦ .°-Wt�_�_W SANITARY SEWER LINE ( IN FEET - ---- WATER MAIN LINE / I i 1 inch = 120 ft. • I EASEMENT BOUNDARY • • • NOVEMBER 12,2014 O M N I PLAN OA K B RO O K GGP UTILITY EXHIBIT C E N T E R SYRI t 1 - ye 02- 0.1 0.3 0.3-..0.4 O.I 0.2 0.2 0.2 0.3 0.2 0.3 0.3 0.9 0.3 0.3 0.3 0.3 0-3 0.9 0.4 0.5 0.5 0.6 0.5 0.3 0.6 1.6 *2.8 2.3 1] 1.1 O.B 0.6 0.5 0.9 O.J 0.3 0.2 0.2 0.2 0.3 *0.3 0.3 0.9 0.9 0.5 0.6 0.5 0.5 0.9 0.9 0.5 0.6 0.6 0.8 0.9.- 3.0 1.0 0 6 1.1 1.9 • n 0.4 0.6 0.9 1.5 2.0❑2.7 3.9 3.9 3.M 3.2 3..B 4.0 3.5 2.8 2.0 1.J 0.9 0.] 0.6 0.5 0.4 0.4 0.3 0 3 SpR1NG ROADSTR •Q A � 0.9 0.0 0.] 0.6 0.5 0.6 0.] 1.0 1.J 1.9 1.5 1.5 1.0 1.5 l l 1 0.2 0.2 0.3 0 A 0.6 1.0 3.] 2.3- 2.9 3.6 9.6 4.3 4.9 5.2 9.5 4.0 2.9 1.9 1.3 1.1 0.9 0.8 0.] 0.6 0.5 0.4 0.4 0.4 0.5 0.6 0.] O.B 1.0 1.9 1.5 1.3 1.0 0.0 0.8 O.B 0.9 1.3 1.9 2.2 2.7 0 2 0 2 0.3 0.5 0.7 1.0 1.6 2.3 3.2 4.2 5.1 5.1 5.1 6.8 5.9 9.] 3.3 2.3 1.6 1.9 1.3 1-2 1.0 0.8 0.] 0 6 0.6 0.6 0.6 0.7 1.1 1 9 1.6 2.3 2.6 2.1 1.5 1.3 1.1 0.9 1 0 1.4 2.0 2.B- -3:3""3.4--2.3 3.5 0.2 0.2 0.3 0.4 0 6 0.9 1 5 2.6 3.9 5.3 6.] 6.0 4.9 6.6 5.9 4.0 9.1 3.3 2.3 1.8 1.8 1.8 1.5 1.1 0.9 0 8 0.0 0-8 0.9 1.1 1.5 2 3 2.6 3.4 3.8 3.1 2.4- 2.1 1.5 1.2 1.9 1.0 2 1 2.6 3.0 3.3 2 9 3 2 0.2 0.2 O.J 0.5 :0.6 0.9 1.5 2.6 3.9 4.9 5.2 5.5 4.9 6.0 5.5 5.2 4.6 4.0 3.0 2.6 2.0 2.9 2.4 1.] 1.9 1.2 1.0 1 0 1.3 1�8 2.2- 2.8 3.6 5.1 15.3 9.5 3.9 2.8 2.0 1.9 2.0 2.3 2 5 2.8 3.3 3.2 6 2 8 1 0 2 0.3 0.4 0.5 0.7 1.0 1.6 2.4 3.4 4.3 4.9 4.4 5.8 6.0 5.6 5.0 4.2 3.9 3.6 4.0 4.3 3.5 2 5 2.2 1 6 1.2 1.3 1.7 2.4 3.1 *3.4 4.6 5.9 5.] 5.5 4.1 3.3 3.1 2.4 2.2 2.5 3.16 2.9 • 43 6 = Y 0.3 O.J - 0.4 0.6 1.0 1.3 1.9 2\ 3.� 14,6 5.2 5.5 5.0 6.1 6.6 6.4 6.1 5.0 9.9 5.0 5.7 5.0 4.8 3.5 3.0 2.1 1.9 1.9 2.3 3 0 3:9- *4.9 5.0 6.0 6.9 5:fi 4.0 4.4 3.4 2.7 2.4 2.5 2.0 3.1 .4 3,4 2.9 0'.9 0.4 0.6 0.7 1.1 1.7 ♦.2 �3 9.5 SI15.5 6.0 S.7 5.5 7.9 7.6 7.0 6.6 6.0 6.4 7.0 6.4 5.9 9 4 3.3 3 2 d.6 2.9 3.1 4 0 5 .0 6.2/ 5.8 6.0 4.5 3.6 3.0 3.1 3.63-8 4.1 3. _ • 0.3 0.9 0.6 0.8 1.0 1 3.' ..\\��\3.8 5.} 6.2 .6S_7.1 7.] 5.5 7.1 7.6 7.3 7.4 7.5 6.2 7.2 7.0 6.1" 4.9 �.5\3.`6 2.9 2.7 3.3 4.2 5.7 6.5�.9 •.9 6. 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S0. ♦ 7.0 698 7.1 7.2 6.4 4.] 3-3 2 3 12.2 2.6 3.3 4.7 9.5 8. 9 9 1 8.3 ♦.6 C / ` /I .5 .1 8.2 9. 4 • .1 12.1 10..9 9.7 9.9 9.6 7.9 5.4 1 8 '.2.0 3.0 4.4 6.1 C 8.9 0. 0 3 9.5 8 7.7 .6 • 6 .F . . 8 ♦ •. 9.1 11 •1.9 12.0 _4x10.2 9.4 7.9 6.6 1.9 2.] 3.8 5.7 'l.y •.9 .5 9.9 9.8 _68.1 74� �p \ O ////// as `~ •,7 7 1 9:8. 10 1 1:0, 10.9 11.0 10.5 B.b 6.8 5. 2 6 3.6 5.1 7.2 8.2 • ♦ •.3 6.8 6.0 S � i 6.4 7:9 9.5 11.0 11.9 8.9 ,'8.2 7.9' 2 6 3 B 4.9 6.5 7.6 •. 1 8.2 5.5 9 `y / 6.4 9.7 10.1 9.7-8.5 6.6 3.3 4.2 4.8 5.9 6.1 `GAR 6 -9.9 7� 'S.1 7.6 • 8.1 7.5 's GRAPHIC SCALE 3 1 3_] 4.5 5.6 6.4 5.9 6.0 • �\ \\� 6.6 S, 3.q,.;a 4.1 5.] 5.5 4.B 4,0 50 0 25 50 100 200 N For Additional Lighting Information Contact: i On-Site Lighting 2 3 4.1 5.9 5.0 3 -3 IN FEET ) 2.9 3.6 &Survey,LLCM PH:763-684-1548 7 :4 1 inch = 100 ff.1548 �� ,//i 14OVEMBER 12,2014 O M N I P LAN OA K B RO O K C�GP PHOTOMETRIGS EXH IT C E N T E R • • • • • PROPERTY EXHIBIT • OAKBROOK MALL - PD AREA 16TH STREET --_---- ----- Situated on Illinois State Route "83", in the Village of --— I `1 Oakbrook, DuPage County, Illinois . --_ Lands being a part of Lot 5 in Oakbrook Terrace, being M I I I a subdivision of part of Section 23, Township 39 North, 001 I 1 Range 11 East of the 3rd Principal Meridian, DuPage • SHEET 2 1 County, Illinois. WI \ �.\ J I JUNE 16, 2014 Prepared For: General Growth Properties • =I `� I I Survey No: 165467 — RMK 0 I `� I I •o I I I Notes: • See Sheet 2 for bearings and distances of PD area Z W I ,� See Sheet 3 for Legal Description of PD Area • PD Area: 183,245 Square Feet or 4.2067 Acres • N I �' j l —i L _ J PD area a GRAPHIC SCALE • 0 200 400 I , � 3 I I Z ( IN FEET ) 1 inch = 400 ft. CL Z \\ I R.A. Smith National, Inc. I I Beyond Surveying I 1 and Engineering 1 I 16745 W.Bluemound Road,Brookfield WI 53005 W/y� I I I 1 262-781-1000 Fax 262-797-7373 w w rasmithnational corn • W 1 I 1 Appleton.WI Orange County.CA Pittsburgh.PA • )L--�_________ -- ---� ia400A 11 111 ----- ' .ie,4r,d�.e. • 22ND STREET ������ SHEET 1 OF 3 • • • • • NOVEMBER 12,2014 O M N I PLAN OA K B ROO K GGP PROPERTY EXHIBIT - 1 • C E N T E R • • • PROPERTY EXHIBIT . P.O.C. OAKBROOK MALL - PD AREA NE CORNER LOT 5 OAKBROOK TERRACE • �I 0 • U LOT 5 N OAKBROOK U W TERRACE Q o LOT 7 :: �I Z OAKBROOK TERRACE Zi�'. c • �' / \ • A� �. • .. I • ::......: S' ;:: :: ..-. ;i : : LOT 1 .g NORDSTROM ORD P.O B. 88 54 PLAT T 22 W ASSESSMENT SS MEN T L • �� .. . .� • ... .::. .:.. .:. .. • .. : ..... ........: :. ... i� 5'��`o • . • w • / ` / ti .. ... .. .. ... .. .. ... .... . �9 0 • Aso .. / v • � ;��� LOT 6 Line Table R.A. Smith National, Inc. • OAKBROOK �� Line # Direction Length Beyond Surveying TERRACE and Engineering • ��-� / L1 S68'20'31"W 50.65 _.:... j 16745 W.Bluemound Road,Brookfield WI 53005 262-781-1000 Fax 262-797-7373 www.rasmithnational.com GRAPHIC SCALE L2 S55'44'21"W 33.02 Appleton,WI Orange County,CA Pittsburgh,PA . 0 30 60 120 / L3 S44'30'05"W 38.66 t'X"'c1"1111" ( IN FEET ) / SHEET 2 OF 3 . 1 inch = 120 ft. / • • • • • NOVEMBER 12,2014 O M N I PLAN OAKBROOK GCS PROPERTY EXHIBIT - 2 • C E N T E R • PROPERTY EXHIBIT • OA"ROOK MALL - PD AREA 0 Situated on Illinois State Route "83", in the Village of Oakbrook, DuPage County, Illinois Lands being a part of Lot 5 of Oakbrook Terrace, being a subdivision of part of Section 23, Township 39 North, Range 11 East of the 3rd Principal Meridian, DuPage County, Illinois, bounded and described as follows; Commencing at the Northeast corner of Lot 5 of Oakbrook Terrace; thence South 01 005'38" West along the East line of said Lot 5 a distance of 6 674.01 feet to a point; thence North 88°54'22" West 66.42 feet to a point; thence South 51034'24" West along the Southeasterly line of Lot 1 in • Nordstrom Assessment Plat and its extension 264.08 feet to the Southerly most Corner of said Lot 1; thence North 38 025'36" West along the Southwesterly Line of said Lot 217.60 feet to the point of beginning of lands to be described; thence South 51034'56" West 56.93 feet to a point; 1 0 0 thence South 15 055'04" East 32.13 feet to a point; thence South 51034'56" West 301.98 feet to a point; thence South 68°20'31" West 50.65 feet Z 0 to a point; thence South 55°44'21" West 33.02 feet to a point; thence South 44 030'05" West 38.66 feet to a point in Easterly line of Lot 6 of • Oakbrook Terrace; thence North 38 025'04" West along said Easterly line 343.21 feet to A Southerly corner of Lot 7 of Oakbrook Terrace; thence North 51034'56" East along the Easterly line of said Lot 350.03 feet to the Easterly corner of said Lot; thence North 01°05'31" East along said Q easterly line 221.45 feet to a point in the extension of the Southwesterly line of Lot 1 of Nordstrom Assessment Plat; thence South 38 025'36" East along said Southwesterly line and its extension 496.61 feet to the point of beginning, Containing 183,245 square feet or 4.2067 Acres r r SHEET 3 OF 3 • • • NOVEMBER 12,2014 O M N I PLAN OAK B ROO K GGP PROPERTY EXHIBIT - 3