S-993 - 06/12/2001 - AGREEMENT - Ordinancesi�
ORDINANCE 2001- TC- AG- EX1 -S- 993
AN ORDINANCE AUTHORIZING EXECUTION OF
AN AGREEMENT FOR ENFORCEMENT OF CERTAIN
TRAFFIC REGULATIONS FOR MOTOR VEHICLES
IN THE BRIARWOOD LAKES SUBDIVISION IN THE VILLAGE OF OAK BROO
WHEREAS, the Briarwood Lakes Community Association is the owner of certain private roadways
located within the limas of the Village of Oak Brook; and
WHEREAS, in 1986, at the request of the Briarwood Lakes Community Association, the Village
entered into a five -year agreement with the Briarwood Lakes Community Association which is similar to
the attached Agreement; and
WHEREAS, in 1991 and 1996 the agreement was renewed, and
WHEREAS, it is the wish of the Briarwood Lakes Community Association to enter once again into
an agreement for a five -year term with the Village in order to empower the Village to enforce certain motor
vehicular regulations on said private roadways pursuant to the provisions of 625 ILCS 5/11 -209, Illinois
Compiled Statutes; and
WHEREAS, the Board of Governors of Briarwood Lakes Community 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 Briarwood Lakes Co mmunity
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
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
authorize and direct the Village President and Village Clerk to execute said Agreement
PASSED THIS 12th day of June, 2001
Ayes: Trustees Butler, Caleel, Craig and Korin
Nays. Nine
Absent: Trustees Miologos and Savino
Abstain, None
APPROVED THIS 12thday of June, 2001.
:�611agi5lClerk
Approved as to Form:
Village Attorney
1'a Oki IN %SSCHMIOTwOR00O0ORM8RIARWOOO LAKES doc
Ordinance 2001- TC- AG- EXI -S- 993
Traffic Enforcement
Briarwood Lakes, Page 2
Published
Date
Not Published
V III( -i l, %-, 1 1 Ln J IV GI IL
AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
REGULATIONS FOR :MOTOR VEHICLES IN THE
BRIAR`VOOD LAKES SUBDIVISIOIN LN THE
VILLAGE OF OAK BROOK
THIS AGREEMENT, made and entered into this 12t;h day of June , 2001, by an
the Village of Oak Brook, a municipal corporation of the State of Illinois (hereinafter
"Village ") and the Bnarwood Lakes Community Association, an Illinois not - for - profit c
(hereinafter also called "O%N-ner ").
WIZ NESSETH:
WHEREAS, the Bnarwood Lakes Community Association is the owner of ce
roadways located within the limits of the Village and which are known as:
Bnarwood Avenue, Bnarwood Circle, Briarwood Central, Briar-wood South, Bnarwi
Lane, Bnarwood Loop, Bnarwood Pass, Bnarwood North and which are depicted on
attached map, Permanent Parcel Nos. 06-27-407-115, 06 -27- 407 -116, 06 -27 -407 -1
06 -27- 407 -120, 06 -27- 407 -122, 06- 27- 407 -123, 06 7-203-056, 06 -27 -202 -116, 06-
202 -1 17, 06- 27- 202 -118; and
WHEREAS, the Bnarwood Lakes Community Association desires to enter into an
with the Village in order to empower the Village to regulate certain motor vehicular traffic
on said private roadways pursuant to the provisions of 625 II".CS 5/11-209, Illinois Compiled
provided below; and
between
alled the
rporation
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agreement
ovements
,tatutes as
WHEREAS, the corporate authorities of the Village of Oak Brook and the Board of Trustees of
the Bnarwood Lakes Community Association have authorized the ratification of the terms, provisions
and conditions of this Agreement;
NOW. THEI.E O :E, in co-• ,iderat ►on of the mutual co , enrants and a ;reements herein contained,
the parties hereto agree as follow;:
1. The Village hereby agrees to establish and enforce, only upon the request of Owner, the
following regulations within the Bnarwood Lakes Subdivision
a. The maximum speec limit for any - ehicle shall be twenty-five (25) miles pi r
hour;
b. A stop sign shall be maintained at the exit of the Bnarwood Lakes Subdivision
and the driver of a vehicle emerging from the Bnarwood Lakes Subdivision shall
stop such vehicle immediately prior to leaving the gate house
2. The Owner does hereby agree to erect and maintain signs relating to the aforesaid
at appropriate places within the Bnarwood Lakes Subdivision.
gulations
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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.
4. The Village hereby agrees to enforce the aforesaid regulations only upon the request of the
Briarwood Lakes Homeowners 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 fro
hereof and shall be self renewing for periods of one (1) year each thereafter, not to exceed
five (5) years, uriless and until cancelled by ' ��ot :e,s A ' I ar thirty (30} days vrior written rotic
party to the other of its intention to cancel same, in which case this 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, IL 60523
Whenever notice to the Owner is required, it shall be addressed to.
Managing Agent
Briarwood Lakes Community Association
1 Briarwood Central
Oak Brook, IL 60523
i the date
period of
by either
8.a. Owner 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 fx which thA Village and/or its officers, employees and agents may become
obligated by reason for any accideni. 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), ansing 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 Owner, its officers, employees and/or
agents, or 2) by virtue of any joint act and/or point omission of the police officers of thY Village and
Owner
8.b. Owner shall not 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 for 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), ansing indirectly or directly in connection with or under, or as a result of,
_2_
el I-
this Agreement solely by virtue of any act and/or omission of any of the VilIage's officers, employees
and/or agents.
8.c. Owner shall maintain general liability insurance in the minimum amount of $1,000,000.00
which shows the Village as a party insured for any claims ansing out 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 2001 is 537.61 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 ponce protection. The Village shall, in
the exercise of its tole discretion, deze ma ine is i;zt- the pre;5 of regula: police bus,ness shall preclude the
furnishing of extra police services under this Agreement.
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 authonzed
officers the day and year first above written.
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Village Clerk
ATTEST.
C
Secretary
rnar-«od muMc agrecma,t
VILLAGE OF OAK BROOK, a municipal
corporation of the State of Illinois
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iL2ge President --T„-4-14-
BF.IARWOOD L. S (-C
AI%IMT i7 y' ASSO�;Ip.TiC
an Iliiro:s not - for- proii: corporation
Preside;'
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