G-276 - 01/21/1981 - TRAFFIC - Ordinances ORDINANCE NO. G- 276
AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A
CONTRACT ENTITLED "AGREEMENT REGARDING PARKING, TRAFFIC
AND OTHER POLICE: REGULATIONS IN THE OAKBROOK SHOPPING
CENTER"
WHEREAS, the Village President and Board of Trustees have
heretofore approved Ordinance G-94 , passed and approved October 22-,
1968 which Ordinance authorized a contract with Oakbrook Terrace,
Inca authorizing the Village to enforce traffic and parking regu
lations within the Oakbrook Shopping Center pursuant to authority
provided in the Illinois Vehicle Code , Chapter 95- 1/2 of the
Illinois Revised Statutes ; and
WHEREAS, said Agreement was amended and extended by action
of the Village Board on April 23 , 1974 ; and
WHEREAS , the President and Board of Trustee> of the Village
of Oak Brook deem the amendment and revision of said Agreement to
be in the best interest of the Village and its citizens ; and
WHEREAS, the said revised Agreement has been reviewed,
approved and executed by UIDC Management , Inc . , the authorized
.agent for the owner of the property known as the Oakbrook Shopping
Center ;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND B.OAR`I1
OF TRUSTEES OF THE VILLAGE OF Oak BROOK, DU PAGE AND COOK COUNTIES.,
ILLINOIS as follows :
Section 1 : That a certain contract entitled "Agreement
Regarding Parking , Traffic and Other Police Regulations In The
Oakbrook Shopping Center" , a cope of which is attached hereto
labelled Exhibit "A" and hereby- made a part hereof, is hereby approved
and the Village President and Village Clerk are hereby authorized
and directed to execute the same.
Section 2 That the Village Attorney is hereby authorized
and directed to record said agreement in the Office of the Recorder
of Deeds , DuPage County , Illinois as required under Section 11-209
of Chapter 95- 1/2 of the Illinois Revised Statutes .
Section 3 : Than the Village Clerk is hereby- authorized
and directed to publish this Ordinance in pamphlet form in the
manner provided by law.
Section 4 : That Ordinance G-94 and. all other ordinances
or parts thereof in conflict with the provisions of this Ordinance
be and the same are hereby repealed.
Section 5 : That this Ordinance shall be in full force
and effect from and after its passage, approval , publication in
pamphlet form and recordation as required by law.
Passed this 20th day of January 1981.
Ayes : Trustees Congreve, Imrie, Philip , Rush and Watson
Nays : None
Absent : None
Abstain: Trustee Reynolds"
Approved this 20th day of January , 1981 .
{
Ordinance No . G-_ 276
Page 2
Approving and Authorizing Execution
of Agreement Regarding Parking ,
Traffic and Other Police Regulations
in the Oakbrook Shopping Center
/U9
V e resi en
ATTEST:
Villag Clerk
Approved as to Form:
Villa e Attorney 4
Published 1/21/81 Pamphlet
Date--- �~ Paper
Not Published `
AUKttiltii iItUI HU YHKt:1)bj, I KJO, I. M /ki'tU 01'fiEl! NUL I UL
REGULATIONS IN THE OAKIBROOK SHOPPING CENTER
THIS AGREEMENT made and entered into this _d day. of
196Z_ by and between THE VILLAGE OF OAK BROOK,
uPa ounty, Illinois , a municipal corporation, (hereinafter called
"VILLAGE" ) , and UIDC MANAGEMIENT , INC. , authorized agent for the owner
-o1c Oakbrook Shopping Center , ( hereinafter called "URBAN" ) ,
W I T 14 E S S E T H
WHEREAS, Section 11 --209 of the Illinois Vehicle Code of
the State of Illinois , Illinois Revised Statutes , Chapter 95-1/2 ,
paraarwph 11 -209 (1975) , empowers the corporate authorities of a
municipality to contract with the owner of a shopping center loca '.ed
within the limits of a municipality or person* having the legal right
to mana;;e or control such propperty for the purpose of regulating the
parking of automobiles and traffic in said shopping center; all"!
WHEREAS , Section 10 of Article 7 of the Constitution of
the State of* Illinois specifically authorizes a unit of local govern
ment such as the VILLAGE of contract and otherwise associate itself
with individual s ,'`associations and corporations in any manner not
prohibited by law or ordinance ; and
WHEREAS, Oakbrook Shopping Center ( hereinafter called the
"SHOPPING CENTER" ) is located completely within the corporate limits
of the Village of Oak Brook , DuPage County, Illinois acid said SHOPPING
CENTER has been constructed on the property described on Exhibit A
attached hereto and by this reference r,ade a part hereof (hereinafter
called "property" ) ; and
WHEREAS , URBAN is authorized by -the owner of the. SHOPPING.
CENTER to manage and control the SHOPPING CENTER and has the authority
to contract with the VILLAGE for the regulation of traffic and parking
within the parking area of the SHOPPING CENTER; and
WHEREAS , for the purpose of this Agreement, the term "Parting
Area. of the Shopping Center" shall include the area or areas or land
near or contiguous to the SHOPPING CENTER , including interior private
roadways and drives used by the public as the means of access to and
egress from the buildings , stores and L� jsiness establishments within
the SHOPPING CENTER and for the parEing of motor vehicles ;
NOW , THEREFORE , in consideration of the foregoing premises
and the mutual covenants herein contained , the parties agree as
follows :
I . For the purposes of this Agreement , the VILLAGE is hereby
empowered to exercise its police powers within the Property as follows:
a. To erect stop signs , flashing signals , handicapped
parking area signs or yield signs at locations specified by URBAN
and to adopt appropriate regulations pertaining thereto or pertaining
to the designation of any intersection in the parking area as a stop
intersection or as a yield intersection and the ordering of like signs
or signals at one or more entrances to said intersection.
b. To prohibit and regulate the turning of vehicles or
specified types of vehicles at intersections or other locations desig
nated by URBAN on the Property.
c. To regulate the crossing of any roadway in the parking
area by pedestrians .
d. To designate any separate roadway on the Property for
one-way traffic.
e. To establish and regulate loading zones .
f. To prohibit , regulate, restrict or limit stopping,
standing or parking of vehicles in specified areas on the Property.
g. To designate safety zones and fire lanes in the parking
area.
_ fi. To remove and store vehicles parked or abandoned in the
parking area during snow storms , floods , fires and other public
emergencies or found unattended in the parking area .where such vehicles:
a) constitute an obstruction to traffic ; or
b) where stopping , standing or parking is pro-
hibited ;
provided , however, that the cost of any such removal or storage shall be
borne by the owner or operator of such vehicles.
i . To establish and adopt additional reasonable rules and
regulations for the respect of traffic and parking on the Property as
local conditions may require for the safety and convenience of the
public or the users . of the Property.
j . To otherwise enforce any and all ordinances , statutes
and laws of the VILLAGE , State of Illinois -and the United States.
II . That for purposes of enforcing the provisions of this
Agreement , roadways , driveways , loading zones , safety zones, fire
lanes , and handicapped parking areas shall be designated by URBAN
with appropriate signs and traffic code control devices consistent
with and in conformance with the provisions of paragraphs 11-301 through
11-313 , inclusive, of the- Illinois Vehicle Code, Chapter 95--1/2 of the
Illinois Revised Statutes . URBAN shall have the right to designate-
changes in the designation of roadways , drives, loading zones, safety
zones , fire lanes , etc. , subject to the approval of the VILLAGE, which
approval shall not be unreasonably withheld .
III . The cost of planning, installing and maintaining the traffic
control and parking signs and devices shall be borne by URBAN and its ..
successors or -its assigns. The cost of enforcement - of the traffic
. control and parking regulations under this Agreement shall be borne
at all times by the VILLAGE and the VILLAGE agrees to undertake the
regulation of traffic control :and parking in the parking area of the
SHOPPING CENTER in accordance with this Agreement.
IV. This Agreement shall remai.n in force for a period of 10
years from the date hereof, but either party may terminate this
Agreement upon sixty (60) days prior written notice to the other party.
V: Both parties hereto agree that the VILLAGE by execution and
performance of this Agreement assumes no liability for any acts or
omissions in the exercise of the powers granted to VILLAGE enumerated
herein.
VI . This Agreement shall be recorded in the Office of the -Recorder
of Deeds for DuPage ,County, Illinois.
i
VI I T ;! 1JITIJVYS , .I!FRV0V thr r)art r P r I fC-A
thi _, , l'oement as of the date fi !-st above written.
VILLAGE OF 1st; QU0 'P an Illinois
municipa c rpor f�
Its
1 i
ATTEST :
-;I N'bg; ..C-1e�rk
UIDC MANAGEMENT , I14C .
B y;
` . Its V► cL- i )L � /.
ASI Secretary
Exhibit A
Oakbrook Center Parcel
LEGAL DESCRIPTION
A total description of Oakbrook Center, consisting of
the Landlord Tract, Field Traci: and Sears Tract, hereinafter
called the "Oakbrook Property" is as.follows:
Lots l to 7 inclusive and that part of Lot 9 (except that
part falling in Spring Road and 22nd Street) which lies. South
of the following described liner Beginning at a point on the
East line of said Lot 9, 678.15 feet North of the Southeast
corner thereof; thence West, along a line parallel to the South
line of said Lot 9, 448.02 feet to the angle corner in the West
line of said Lot 9, which is 1,971.64 feet South of the Northwest
corner of said Lot 9, in Oakbrook Terrace, a Subdivision of part .
al
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 in Du Page County,
Illinois.
al
i
I
i�
STATE OF ILLINOIS )
COIUMY OF DU PAGE )
I, Jc++►n) 2E�H0� , a Nota y Public in and for said" Cou.:_y,
in the State aforesaid, DO iIEREBY CERTIFY that Wence F. Cerne ,
President of the VILLAGE OF OAK BROOK, and - Marianne Lakosil
Village Clerk thereof, personally known to ne to be the same persons whose names
are subscribed to the foregoing instrtLnent as such President and Village Clerk
respectively, appeared before Sae this day in person aild acl=wl::uged that• they
signed. and delivered the raid instrument as their ovn free and volunti-- •y act,
and as the- free and voluntary act of said Corporation, for the uses and purposes
therein set forth; and the said Village Clerk did also then and there acknowledge
that as custodian of the seal of the Village of Oak Brook, pursuant to authority
given by the Board of Trustees of said Village, dial affix the said seal of the
Village of Cak Brook to said instrument as his/her own free and voluntary act,
and as the free and voluntary act of said Village for the uses and .purposes
therein set forth. ;
GIVEN u-nder, my hand and NOTARIAL. SEAL this Zak day of
DJy Cor►n'ssion expires:f
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I, a Notary Public in a_*id for said County,
in the State resaid HE CERTIFY that
President of UID ' 11AG�tEMENT, 1NC., a 6 6"y
S:S/44�* Secretary thereof, personally known to
me to be the sane persons whose names are subscribed to the foregoing instrument
as such :et.. President and AVYAAtSecretary respectively, appeared before
me this day in person. and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act, and as the free and voluntary
act of said Corporation, for the uses and purposes therein set forth; and the
s_aid .il 440, Secretary did also then and there acknowledge that he as custodian
of the corporate seal of said Corporation, pursuant to authority given by the
Board of said Corporation, did affix the said corporate seal of said Corporation
to said instrument as his own free and voluntary act, and as thy: free and voluntary
act of said Corporation for the uses and purpos • therein set orth.
GIVEN under" my hand and NOTARIAL SEAL thiC ay o£
4 , f
SEAL).
M,. Co„-;;n ission expires: ` 1
.r