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S-1111 - 03/16/2005 - TRAFFIC - Ordinances ExhibitsAGREEMENT 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 day of , 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 "Owners ") John and Sue Ciciora, 2911 Oak Brook Hills Road 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 (31st 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 2of3 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 point act and /or point 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 Kevin Quinlan Village President r' Oak Brook Hills Road Traffic Agreement Page 3 of 3 ATTEST Linda K Gonnella, CMC Village Clerk OAK BROOK HILLS ROAD HOMEOWNERS ASSOCIATION, BY John Ciciora President ATTEST Secretary OWNERS OF OAK BROOK HILLS ROAD John and Sue Ciciora, 2911 Oak Brook Hills Rd Paul and Mimi Francis, 2916 Oak Brook Hills Rd Paul and Bernadette Weldon, 2903 Oak Brook Hills Rd Pethi Veluchamy, 2700 Oak Brook Hills Rd Anthony P and Chris Costello, 3000 Oak Brook Hills Rd Gulpt Singh, 2917 Oak Brook Hills Rd Anu Veluchamy, 3005 Oak Brook Hills Rd Arun K Veluchamy, 3001 Oak Brook Hills Rd David and Wendy Chua, 2900 Oak Brook Hills Rd Raymond and Esther Paice, 2921 Oak Brook Hills Rd Thomas and Diane Fahey, 2910 Oak Brook Hills Rd ATTEST BY Signature Printed Name Title