S-579 - 04/08/1986 - VARIATION - Ordinances ORDINANCE NO. S- 579
AN ORDINANCE RATIFYING AND CONFIRMING EXECUTION OF
AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
REGULATIONS FOR MOTOR VEHICLES IN THE
BRIARWOOD LAKES SUBDIVISION IN THE VILLAGE OF OAK BROOK
WHEREAS, the Briarwood Lakes Community Association is the owner of
certain private roadways located within the limits of the Village of Oak Brook;
and
WHEREAS, the Briarwood Lakes Community Association desires to enter
into an agreement with the Village in order to empower the Village to regulate
motor vehicular traffic on said private roadways pursuant to the provisions of
Chapter 95-1/2, Section 11-209.1, Illinois Revised Statutes; and
WHEREAS, the corporate authorities of the Village of Oak Brook and the
Board of Governors of Briarwood Lakes Community Association have authorized the
execution of the terms, provisions, and conditions of this Agreement; and
WHEREAS, Chapter 95-1/2, Section 11-209.1 of the Illinois Revised
Statutes requires that the corporate authorities adopt an enabling ordinance
granting the Briarwood Lakes Community Association request.
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: The the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That the President and Board of Trustees does hereby grant
the request of the Briarwood Lakes Community Association as embodied in the
Agreement For Enforcement Of Certain Traffic Regulations For Motor Vehicles In
The Briarwood Lakes Subdivision In The Village Of Oak Brook, a copy of which is
attached hereto as Exhibit A, and further does approve said Agreement and does
ratify and confirm the execution of said Agreement by the Village President and
Village Clerk.
PASSED THIS 8th day of April , 1986.
Ayes: Trustees Bushy, Imrie, Maher, Rush and Winters
Nays: Trustee Philip
Absent: None
APPROVED THIS 8th day of April , 1986.
7/,/1 .
Village President
ATTEST:
Village Clerk
Approved as to Form:
Published
,11 Date Paper
Not Published XX
Village Attorney
n r
d .` ,•
AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
REGULATIONS FOR MOTOR VEHICLES IN THE
BRIARWOOD LAKES SUBDIVISION IN THE
VILLAGE OF OAK BROOK
THIS AGREEMENT, made and entered into this day of March, 1986, by
and between the Village of Oak Brook, a municipal cor oration of the State of
Illinois (hereinafter called the "Village") and the Briarwood Lakes Community
Association, an Illinois not-for-profit corporation (hereinafter called "Owner").
W I T N E S S E T H:
WHEREAS, the Briarwood Lakes Community Association is the owner of
certain private roadways located within the limits of the Village and which are
known as:
Briarwood Avenue, Briarwood Circle, Briarwood Central, Briarwood South, Briarwood
Lane, Briarwood Loop, Briarwood Pass, Briarwood North and which are depicted on the
attached map; and
WHEREAS, the Briarwood Lakes Community Association desires to enter into
an agreement with the Village in order to empower the Village to regulate motor
vehicular traffic on said private roadways pursuant to the provisions of Chapter
95-1/2, Section 11-209, Illinois Revised Statutes; and
WHEREAS, the corporate authorities of the Village of Oak Brook and the
Board of Governors of Briarwood Lakes Community Association have authorized the
ratification of the terms, provisions and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties hereto agree as follows:
1. The Village hereby agrees to establish and enforce the following
regulations within the Briarwood Lakes Subdivision:
a. The maximum speed limit for any vehicle shall be twenty-five
(25) miles per hour;
b. A stop sign shall be posted at the exit of the Briarwood
Lakes Subdivision and the driver of a vehicle emerging from
the Briarwood Lakes Subdivision shall stop such vehicle
immediately prior leaving the gate house, and shall yield
the right-of-way to any pedestrian as may be necessary to
avoid collision, and upon entering the public street or
roadway shall yield the right-of-way to all vehicles
approaching on said public street or roadway.
2. The Owner does hereby agree to erect signs relating to the aforesaid
regulations at appropriate places within the Briarwood Lakes Subdivision.
3. The Owner does hereby agree to bear the costs and expenses of
obtaining, erecting and maintaining any and all signs necessary to the enforcement
of the aforesaid regulations.
f
-2-
4. The Village hereby agrees to enforce the aforesaid regulations upon
the request of the Briarwood Lakes Community Association.
5. Where any owner or user of a vehicle shall use or permit the use of a
vehicle in a manner contrary to the regulations contained within this Agreement,
the Village will enforce its ordinances against such person as if the action had
taken place on a public highway.
6. It is mutually agreed that this Agreement shall cover a period of one
(1) year from the date hereof and shall be self renewing for periods of one (1)
year each thereafter, not to exceed a period of five (5) years, unless and until
cancelled by not less than thirty (30) days prior written notice by either party to
the other of its intention to cancel same, in which case, the agreement shall
terminate.
7. Whenever notice to the Village is required, it shall be addressed to:
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
When notice to the Owner is required, it shall be addressed to:
Managing Agent
Briarwood Lakes Community Association
1 Briarwood Central
Oak Brook, Illinois 60521
8. The Owner hereby agrees to release and hold harmless and defend
(including the payment of all reasonable costs and attorneys fees) the Village, its
officers and agents, in connection with any and all actions or claims for any loss,
damage, personal injury or death occurring as a consequence of the performance of
this Agreement and shall procure insurance to protect, save harmless and indemnify
the Village pursuant thereto. Such insurance shall show the Village as a party
insured, shall be in the minimum amount of $1,000,000.00 and shall be in such form
as shall be approved by the Village Attorney. Upon the execution of this
Agreement, the parties hereto do hereby certify that each has passed a proper
resolution authorizing the execution and ratifying the terms, provisions and
conditions of this Agreement.
9. In consideration for the performance by the Village of the police
services herein specified upon the private property of the Owner, Owner shall pay
the Village at the Special Duty Rate then in effect. The Special Duty rate for
1986 is $19.52 per hour, with a minimum charge of two (2) hours. The Village shall
submit a bill to the Owner at the beginning of each month for services rendered in
the prior month. It is understood between the parties that such compensation is
for the extra police services to be performed under this Agreement and not as a
payment for normal police protection. The Village shall, in the exercise of its
sole discretion, determine when the press of regular police business shall preclude
the furnishing of extra police services under this Agreement.
-3—
10. The sole remedy available to the Owner, upon any breach of this
Agreement by the Village, shall be the cancellation of the agreement under its
terms. It is of the essence of this Agreement that the Village shall not be liable
in money damages for any breach of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized officers the day and year first above written.
VILLAGE OF OAK BROOK, a municipal
corporation o he Sta Illinois
s
BY:
V' ge Presidentel
a ATTEST. y
Vi'l1 e,`Clerk
BRIARWOOD LAKES COM LUNITYASSrOCP IATION,
an I11' Wt
oration
BY:Pre
ATTEST: J
Secretary
- - - -- _ (� �•--_.J;l____� :.,., 1. ,�- _�;,1. _�.
1
a.
is
! W •b i 1
1 3 2 l
■i w4 �T 7e«T _
_•_____ 2 - �ORA 1'
l t �. •I• .. .I .,A ...rr� w, rail w r t�t' •.y
+�+/../��ir'�^ ,rte. r -.t><•/ r7 �a�vb;''• L)a'�j
.`r ^ C07 'v•n•y x.01+ .' , :y �` t
1p
•.M t'. .\.�1; � \\ o+ ..{ „'r...-1 sue,i 'iS'Y ,,.7�'�71
—T't.J,.°�.� a '•a •ea\ te] 17r tat � v 'a » ' .+s !rs) )S) fi •
= M -
i)t »
1931
no 0
tof y tr • < :•a• r<
- • � 1 'ff 1t!:ata 1t - '+» 1•at H ,4 a+�/ �•t\ •.
wl I '6a M t• a' ~! i .-. ]7 7 ,`lujr•O l•4 �'I
tV t lt'S]�^rai,Yl''� r• p p:,lle e'er�- +
1 1 ei LDC bT'iW.20e/2101211 L1 Z t LeY '.- -• ;! a .�/
cz j �...�o..:, •r �� n tri�lwlrrfiwu +.'�. �.c _7 q <
2201 - ZIG 21ST9 1131
zm Zr6.t17 �1 -� let t!S _•y t N `ba a._ _f1 ,s t'C s \ 1 f
�. +t•if
S s•-s �� 2ei 0'r r.1n. •7ft--J ++ \ i
t:- ice. ,t, .
7 OL t -71
T zo HI r--.
.!o p,i•1' i -� 117 .I. < .42- �� `St �..is
sa •n .!a i! r .d fl.,t r• •. `,_ 1 •>. rt 1 +2` ., �\
_.;� .4 . Lir �„ 7°L.j- - •tf13i' ! Loi 2 • -P( _ .t��r� _. X j�•,',7
!7 R.. 1. �.�.,-.' �- Y�ZO;'.� 16r'at _.I!M ; 2e7�Y dl.s?ff•4-.4t o+�x�4r9���'• s°t'. 7•, _--
1 10!• 17!•AGO- tet
*'Y'..e] AG. 1 of I TI::.GS{W.c)�• 1 :')t;•y
as w
ro
is'•;/%��c,ue:_n z_?J A,, /� ,1�!/-e_a r r��'-s°tt°.,r•-./.t••y 1�,,3..x�.7i1 ns,�.`.'.t'_se 1.1:•,1(I r.N <o S•14 a\d 75 It.1 It.j7ma1 L'o ye,
. tSG 1S, 1 ;Dr 7 :s
•Y 1
<c f6 :,a r%*"
dl 117 i S ,t a_i/s.L1+'.u'.t i{�=,`�L•^!_t t—'s/�r
..
_
_
tti- _ 'i r �►^:i .. .`. ]. i� a 0718c`�•,i !. •SI o<IT11 -^ a• � 'J{\•^��,.�• , 1 117'.
.f� i . at \ i l e!, i I�ly j 1 Y� �,. -�• ' 1 .'� 1r,'�'ey t]sl
it tay 1 •� . i .:9:u t, r -a'
!b. Boa 011 ''/ • —a1 d f)9, i2 >, 2, ;. .. ate.
.17 r• _-j .a2 ,.p. 1'14• _- - u 181 'T" ,.� � -. .- , 12r't2Z _ �•' 41 D9
•7i1 79v.. •12' ,P _ ar.n•n• '+o 'h / '04' _•+ 1 ALA tfi+r�^�-(�t 49/ -�� 143
r, .t /r•• r•, la>J' .s,ry ....,�.•, l,iit 0; a �/�eo A04. e.• °r r. t..�--•% It-'•{ b•/^,J j'�1a.1
1 •.74/ o.•t'<:. r 21 c• -f n�� .,..7 t'ut•51 .a• �Y "llYY71 �.6TKPO2,mac•
.2Siil aS �5 •09 _ _ _.
�u' isl.to. sd".0 ' •r f t s� 4 _ ice, _�-