S-993 - 06/12/2001 - AGREEMENT - Ordinances Exhibitsr"
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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 BROOKI
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, 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 lagain 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 5111 -209, Illinois Compiled Statutes, provides that the corporate authorities
are empowered to approve agreements such as the one requested by the Briarwood Lakes Community
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 Ce Main
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
t
Ayes: Trustees Butler, Caleel, Craig and Korin
Nays: None
Absent: Trustees `4iologos and Savino
Abstain. None
APPROVED THIS 12thday of June, 2001.
� .,\�, '�.,�`�1�', Vii. �•���'i�"�.�i �'i�,1
Clerk
Approved as to Form.
Village Attorney
Ordinance 2001- TC -AG -EX 1 -S-993
Traffic Enforcement
Briarwood Lakes, Page 2
Published
Date
Village President
Not Published `C(
I WOh11t,$SCHMIOTIWORDOOC\OR0\8RIARWOOO LAKES doe
Paber
/ 1
AGREE.IENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
R} "GULATIONS FOR MOTOR VEHICLES IN THE
BRIARWOOD LAKES SUBDIVISION IN THE
VILLAGE OF OAK BROOK
THIS AGREEMENT, made and entered into this 12t:h day of T,.np , 2001, by and between
the Village of Oak Brook, a municipal corporation of the State of Illinois (hereinafter called the
"Village ") and the Bnarwood Lakes Community Association, an Illinois not - for - profit corporation
(hereinafter also called "Owner ").
WIZ NESSETH:
WHEREAS, the Bnarwood Lakes Community Association is the owner of certain pnvate
roadways located within the limits of the Village and which are known as:
Bnarwood Avenue, Bnarwood Circle, Bnarwood Central, Briarwood South, Bnarwood
Lane, Bnarwood Loop, Bnarwood Pass, Bnarwood North and which are depicted on the
attached map; Permanent Parcel Nos. 06 -27 -401 -115, 06 -27 -407 -116, 06 -27- 407 -117,
06 -27- 407 -120, 06 -27- 407 -122, 06- 27- 407 -123, 06-27-203-056, 06 -27 -202 -116, 06 -27-
202-117, 06-27-202-118, 06-27-203-055; and
WHEREAS, the Briarwood Lakes Community Association desires to enter into an I agreement
with the Village in order to empower the Village to regulate certain motor vehicular traffic movements
on said pnvate roadways pursuant to the provisions of 625 ILCS 5/11-209, Illinois Compiled (Statutes as
provided below; and
WHEREAS, the corporate authonties of the Village of Oak Brook and the Board of
the Bnarwood Lakes Community Association have authorized the ratification of the terms,
and conditions of this Agreement;
Ni t -DW, IUERE -ORE, iii co�...ideranon of 'he mutual co , enants and a,,reements herein
the parties hereto agree as follow;.
1 The Village hereby agrees to establish and enforce, only upon the request of
following regulations within the Bnarwood Lakes Subdivision.
Crustees of
provisions
contained.
honer, the
a The maximum speec limit for any - ehicle shall be twenty -five (25) miles per
hour;
b A stop sign shall be maintained at the exit of the Bnarwood Lakes Subdivisiion
from the Briarwood Lakes Subdivision shall
and the dnver of a vehicle emerging
stop such vehicle immediately pnor to leaving the gate house.
2 The Owner does hereby agree to erect and maintain signs relating to the aforesaid
at appropnate places within the Bnarwood Lakes Subdivision.
gulations
(R I--
3. The Owner does hereby agree to bear the costs and expenses of obtaining,
maintaining any and all signs necessary to the enforcement of the aforesaid regulations.
ing and
4. The Village hereby agrees to enforce the aforesaid regulations only upon the request of the
BriarNvood 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 fre
hereof and shall be self renewing for periods of one (1) year each thereafter, not to exceed
five (5) years, unless and until cancelled by ,aot '.ess ' %Ihan nhirt.y° (301 -days vrior written notie
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 Villi ge and/or
its officers, employees and agents from and against all liabilities, obligations, claims, -damages,
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 Villag° and/or as officers, employees and agents may become
obligated by reason for any accident. ,njury to or death of persons or loss of or damage to property, or
civil and/or constitutional infringement of nghts (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 point 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 �nd 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 nghts (specifically including violati i ns of the
Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of,
_2_
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h.
this Agreement solely by virtue of any act and/or omission of any of the Village's officers, employees
and/or agents.
8.c. Owner shall maintain general liability insurance in the minimum amount of S1,000,000.00
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 pnvate property of the Owner, Owner shall pay the Village at the Special Duty Rite then in
effect. The Special Duty rate for 2001 is $37.61 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 police protection. The Village shall, in
the exercise of its sole discretion, deze << lne -Mucv thle press of regula: police bu,.ness slial► or,-clude 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.
c�
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Village Clerk
ATTEST.
C
Secretary
rn.u.rood arc agrct—,c„(
VILLAGE OF OAK BROOK, a municipal
corporation of the State of Illinois
tliage President -�-,,---
BF.IARWOOi7 LAKE` is ('fi✓1ML 'i7 y' rX %:LA T TC
an Illinois not - for -pros i1. corporation
President
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LEGAL DESCRIPTION
BRIARWOOD LAKES SUBDIVISION (STREETS)
Lots B, C, E, F, G and H of the County Clerk, MacDonald R.W , Assessment Plat of Briarwc
being a subdivision of parts of the West one -half of Section 26 and the East one -half of S
Township 39 North, Range 11, East of the Third Principal Meridian, according to the pl
recorded March 9, 1978, as Document No R78- 019539; and
Lakes,
ion 27,
thereof
Lots O, P, Q, R, S of the County Clerk, MacDonald R. W., Assessment Plat 2 of Briarwood Lakes Unit 2,
being a subdivision of parts of the West one -half of Section 26 and the East one -half of Section 27,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof
recorded Mach 9, 1978, as Document No. R78- 019538.
Lot PIN
B
C
E
F
G
H
O
P
Q
R
S
Common Address
06 -27- 407 -120
Vacant, Briarwood Central
Oak Brook, IL
605
06 -27- 407 -122
Vacant, Briarwood Central
Oak Brook, IL
605
06 -27- 407 -115
Vacant, Briarwood Circle
Oak Brook, IL
605
06 -27- 407 -116
Vacant, Briarwood Lane
Oak Brook, IL
605
06 -27- 407 -117
Vacant, Briarwood South
Oak Brook, IL
605
06 -27- 407 -123
Vacant, Briarwood Central Extended
Oak Brook, IL
605
06 -27- 203 -056
Vacant, Briarwood Central
Oak Brook, IL
605
06 -27- 202 -118
Vacant, Briarwood Loop
Oak Brook, IL
605
06 -27- 202 -116
Vacant, Briarwood North
Oak Brook, IL
605
06 -27- 202 -117
Vacant, Briarwood Avenue
Oak Brook, IL
605
06 -27- 203 -055
Vacant, Briarwood Pass
Oak Brook, IL
605