S-1111 - 03/16/2005 - AGREEMENT - OrdinancesORDINANCE 2005-TC-AG-EX1 -S-1 111
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR
ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR MOTOR
VEHICLES ON OAK BROOK HILLS ROAD BETWEEN OAK BROOK ROAD
(31ST STREET) AND BAYBROOK LANE IN THE VILLAGE OF OAK BROOK
WHEREAS, Oak Brook Hills Road is a certain private roadway located within the limits of the
Village of Oak Brook; and
WHEREAS, the Owners of Oak Brook Hills Road (hereinafter "Owners ") have formed the Oak
Brook Hills Road Homeowners Association (hereinafter "Association "); and
WHEREAS, it is the wish of the Owners and the Association to enter into an agreement with the
Village in order to empower the Village to enforce certain motor vehicular regulations on said private
roadway pursuant to the provisions of 625 ILCS 5/11 -209, Illinois Compiled Statutes; and
WHEREAS, the Owners and the Association have authorized the execution of the terms,
provisions, and - conditions of this Agreement; and
WHEREAS, 625 ILCS 5/11 -209, Illinois Compiled Statutes, provides that the corporate authorities
are empowered to approve agreements such as the one requested by the Owners and the Association.
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: That 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
Owners of Oak Brook Hills Road and the Oak Brook Hills Road Homeowners Association as embodied in
the "AGREEMENT BETWEEN THE OWNERS OF OAK BROOK HILLS ROAD AND THE VILLAGE OF
OAK BROOK FOR ENFORCEMENT OF TRAFFIC REGULATIONS FOR MOTOR VEHICLES ON OAK
BROOK HILLS ROAD BETWEEN OAK BROOK ROAD (31ST STREET) AND BAYBROOK LANE ", a copy
of which is attached hereto as Exhibit A, and further does approve said Agreement and does authorize
and direct the Village President and Village Clerk to execute said Agreement.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of the conflict.
r
Section 4. This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 16th day of March, 2005.
Q
Kevin uinlan
Villag6 President
r
Y Ordinance 2005-TC-AG-EX1 -S-1 111
Traffic Agrmt. with Oak Brook Hills Road
Homeowners Assn. Page 2 of 2
PASSED THIS 16th day of March, 2005.
Ayes: Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
Nays: None
Absent: None
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ATTEST:
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C/�,—,I, k-- 0-,,
Linda K. Gonnella, CMC
Village Clerk
AGREEMENT BETWEEN THE OWNERS OF OAK BROOK HILLS ROAD
AND THE VILLAGE OF OAK BROOK FOR ENFORCEMENT OF TRAFFIC
REGULATIONS FOR MOTOR VEHICLES ON OAK BROOK HILLS ROAD
BETWEEN OAK BROOK ROAD (31ST STREET) AND BAYBROOK LANE
This Agreement is made and entered into this 2 j day of _y °' ` , 2005, by and between
the Village of Oak Brook (hereinafter "Village "), a municipal corporation, and the Owners of Oak Brook
Hills Road in the Village of Oak Brook (hereinafter "Owners ") as represented by the Oak Brook Hills Road
Homeowners Association (hereinafter "Association ").
RECITALS
1. Oak Brook Hills Road is privately owned by the following individuals who reside on Oak Brook
Hills Road in Oak Brook, Illinois (hereinafter' 4 Owners"):
John and Sue Ciciora, fi� g e r t s for Ernest J o r e j s i Trust
Paul and Mimi Francis, 2916 Oak Brook Hills Road
Paul and Bernadette Weldon, 2903 Oak Brook Hills Road (own multiple parcels /residences)
Pethi Veluchamy, 2700 Oak Brook Hills Road
Anthony P. and Chris Costello, 3000 Oak Brook Hills Road
Guljit Singh, 2917 Oak Brook Hills Road
Anu Veluchamy, 3005 Oak Brook Hills Road (owns multiple parcels /residences)
Arun K. Veluchamy, 3001 Oak Brook Hills Road (owns multiple parcels /residences)
David and Wendy Chua, 2900 Oak Brook Hills Road
Raymond and Esther Paice, 2921 Oak Brook Hills Road
Thomas and Diane Fahey, 2910 Oak Brook Hills Road
2. The Owners of at least ten (10) parcels of property who reside on Oak Brook Hills Road have
petitioned the Village to enforce the provisions of the Illinois Vehicle Code on Oak Brook Hills Road
between Oak Brook Road (31 St Street) and Baybrook Lane.
3. The Owners have formed the Oak Brook Hills Road Homeowners Association that will maintain
liability insurance, naming the Village of Oak Brook as an additional insured, in the amounts set forth in
the Oak Brook Village Code.
4. Pursuant to 625 ILCS 5/11- 209.1, the Village of Oak Brook, after receiving an appropriate request
and passing an enabling ordinance, has the power to enforce the applicable provision of the Illinois
Vehicle Code on Oak Brook Hills Road.
5. The recitals set forth above are hereby incorporated into and made a part of this Agreement.
6. For the sole consideration of one dollar ($1.00), the Village agrees to enforce the traffic
regulations set forth in the Illinois Vehicle Code on Oak Brook Hills Road, a privately owned road.
7. The Owners agree to maintain liability insurance, through the Association, in the amounts set
forth in the Village Code of the Village of Oak Brook.
8. All Owners, the Association and the Village of Oak Brook agree that nothing in this Agreement
shall be construed to, nor is it intended to impose, any legal duty upon the Village of Oak Brook to
maintain Oak Brook Hills Road. Oak Brook Hills Road remains a privately owned road maintained and
controlled by the private Owners.
9. At the sole discretion of the Village of Oak Brook, this Agreement may be cancelled if any gate or
other control, other than a properly approved traffic control, is erected or placed on Oak Brook Hills Road.
Oak Brook Hills Road
Traffic Agreement
Page 2 of 3
10. The sole remedy available to the Owners or the Association upon any breach or alleged breach
of this contract by the Village, shall be the cancellation of this Agreement. It is of the essence of this
Agreement that the Village shall not be liable in money damages for any breach of this Agreement.
11. In the event that the Village, the Owners or the Association agree that additional police services
are necessary, above and beyond normal police protection as is customarily provided to any other road in
the Village, the parties agree that the Village shall submit a bill to the Association for the additional police
protection. The additional protection will be billed at the Special Duty Rate then in effect and will be due
to the Village within thirty (30) days of receipt of the bill. The Association agrees to pay any fees for
additional police services, as billed by the Village, within thirty (30) days of the receipt of said bill.
12. The Owners and the Association, shall protect indemnify, save, defend and hold forever
harmless, the Village and /or its officers, employees and agents from and against all liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses, including without limitation court
costs, insurance deductibles and attorney's fees and expenses, which the Village and /or its officers,
employees and agents may incur, suffer or sustain, or for which the Village and /or its officers, employees
and agents may become obligated by reason of any accident, injury to or death of persons or loss of or
damage to property, or civil and /or constitutional infringement of rights, (specifically including violations of
the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of
this Agreement (1) solely by virtue of any act or omission of any of the Owners, or the Association, its
officers, employees,_ and /or agents, or (2) by virtue of any joint act and /or joint omission of the police
officers of the Village and the Owners or the Association.
13. This Agreement shall continue for a period of one (1) year from the date of execution, and shall
be self- renewing. Either party may cancel this Agreement by providing thirty (30) days written notice to
the other party. The Agreement shall terminate upon the expiration of the thirty (30) day notice period.
14. All notices intended for the Village shall be directed to:
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
All notices and bills intended for the Owners or the Association shall be directed to:
President
Oak Brook Hills Road Homeowners Association
2911 Oak Brook Hills Road
Oak Brook, Illinois 60523
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 of the State of Illinois„
BY:
Ko in Quinlan
Village Presid
ATTEST.
o'/'. Zkr, Qp
Linda K.Gonned|a.CMC
Village Clerk
Oak Brook Hills Road
Traffic Agreement
Page ooro
OAK BROOK HILLS ROAD HOMEOWNERS ASSOCIATION,
BY
President
ATTEST:
bcretary
OWNERS OF OAK BROOK HILLS ROAD
-/
Paul and eLMdette Weldon, 2903 Oak Brook Hills Rd.
Ar�t-hon and (��tir'pCostellw3000 Oak Brook Hills Rd
JaUT—and Mimi Fr cis, 2916 Oak Br ok Hills Rd.
Pethi V `uchamy" 2100 Oak Brook Hills Rd.
IZ
GUIjit Sing6 29 Brook Hills Rd.
ills Rd.
David and Wendy Chua.o8OU Oak Brook Hills Rd. Raymond and Esther Puica.2y21 Oak Brook Hills Rd.
Thomas-and Diane Fahey, 2Q1O Oak Brook Hills Rd.
��_�__________-______
Ecz��st Bore �a i Trust
by: ,John Ci-oiora, (Agent)
ATTEST:
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Pri6t Name
Title