S-1190 - 04/10/2007 - TRAFFIC - Ordinances Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
April 10, 2007
k
ITEM l o.13. 9)
SUBJECT: Forest Gate Homeowners Association Traffic Enforcement Agreement
FROM: Jeffrey Moline, Acting Village Man
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S -1190 Authorizing
Execution of an Agreement for Enforcement of Certain Traffic Regulations for Motor
Vehicles within the Forest Gate Subdivision in the Village of Oak Brook.
Background/History:
In late 2006, Jack Pine of the Forest Gate Homeowners Association approached the Village to
determine if the Village would enter into an agreement to enforce traffic regulations within the
Forest Gate Subdivision. Management and Police Staff met with Mr. Pine to review the request
and explain the structure and manner in which the Village has entered into these agreements in
other private subdivisions and the extent to which the Village can enforce regulations (similar
agreements exist in Briarwood Lakes, Midwest Club, and on Oak Brook Hills Road). The
attached agreement was drafted by staff based on other HOA and Village agreements, has been
reviewed by the Village Attorney's Office, and incorporates the major tenets of the meetings
between the Village and Forest Gate. Forest Gate Subdivision has approved the agreement and
has provided the necessary insurance requirements to the Village. A representative from Forest
Gate will be available at the Board meeting if there are any questions of the Association.
Recommendation:
Staff recommends the Village Board approve the Ordinance approving the agreement between
the Village of Oak Brook and the Forest Gate Homeowners Association for Traffic Enforcement
by the Oak Brook Police Department.
Last saved by administrator J \My Documents\ASSISTANT MANAGER FILES \WORDDOC \GENERAL \Forest Gate HOA
IGA mm04O3O7 doc
Last prmted 4/3/2007 1 55 PM
ACOR CERTIFICATE OF LIABILITY INSURANCE
DATE(MM /DD/YYYY)
PRODUCER
HOLLINGER SERVICES
220 S Lively Blvd
THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
D'L I
NSRD
TYPE OF INSURANCE
Elk Grove Village, IL 60007
_
INSURERS AFFORDING COVERAGE
NAIC #
INSURED FOREST GATE HOA
INSURER A Nationwide Insurance Company
INSURER B
INSURER C
EACH OCCURRENCE
$ 2,000,000
INSURER D
$ 50,000
INSURER E
X COMMERCIAL GENERAL LIABILITY
' CLAIMS MADE [1I OCCUR
1L.uvl =rvavw
THE POLICIES OF INSURANCE LISTEDBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
D'L I
NSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM /DD/YY
POLICY EXPIRATION
DATE MM /DD/YY
LIMITS
AUTHORIZED REPRESENTATIVE
GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
DAMAGE 1_0 REN I ED
PREMISES (Ea occurence)
$ 50,000
X COMMERCIAL GENERAL LIABILITY
' CLAIMS MADE [1I OCCUR
MED EXP (Anyoneperson)
$
PERSONAL & ADV INJURY
$ 2,000,000
A
91 BP 162933
8/31/06
8/31/07
GENERAL AGGREGATE
$ 2.0 0 0,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
$
PRO
POLICY I IJECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
ANYAUTO
ALLOWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
A
HIRED AUTOS
91 BA 162933
8/31/06
8 / 31 / 0 7
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
$
ANYAUTO
$
AUTO ONLY AGG
EXCESS /UMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CI CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
TORY LIMITS ER
EL EACH ACCIDENT
$
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EL DISEASE - EAEMPLOYEE
$
EL DISEASE- POLICY LIMIT
$
If yes, describe under
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
CERTIFICATE HOLDER IS ADDITIONAL INSURED EFFECTIVE 3/22/07
i`COTICl/`ATC Ur%l 11111=0 UANL:tLLA I IUN
ACORD25 (2001 /08) v Alkourcu SLOUM11-Urrm 1 IUN 1 oo
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
VILLAGE OF OAK BROOK
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN
1200 OAK BROOK RD
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
OAK BROOK, IL 60523
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
ACORD25 (2001 /08) v Alkourcu SLOUM11-Urrm 1 IUN 1 oo
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Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak- brook.org
Administration
630 368 5000
FAX 630 368 5045
Community
Development
630 368 5101
FAX 630 368 5128
Engineering
Department
630 368 5130
FAX 630 368 5128
Fire Department
630 368 5200
FAX 630 368 5250
Police Department
630 368 8700
FAX 630 368 8739
Public Works
Department
630 368 5270
FAX 630 368 5295
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 368 7700
FAX 630 368 7704
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 368 6420
FAX 630 368 6439
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 368 6400
FAX 630 368 6419
U
May 18, 2007
Forest Gate Homeowners Association
Attention: President
81 Forest Gate Circle
Oak Brook, IL 60523
Re: Recorded Document on April 19, 2007
ORDINANCE 2007- TC -AG- EXI- S- 1190/R2007- 073234
Vacant/Common Areas & Roadways Forest Gate Circle &
81 Forest Gate Circle
Oak Brook, IL 60523
Dear Sir•
A copy of the above noted recorded document is enclosed for your information.
This is an important record and should be retained in a secure area within your
files.
If you need any further assistance in this matter, feel free to contact me at 630-
368 -5056 on Monday through Friday from 9am to 5pm.
Sincerely,
v
Linda M. Andrys
Records Management Clerk
/lma
Enclosure
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files , bRp
/RECDOC /2007- RECLTR -ORD 2007-TC-AG-EX I -S- I 190 - FOREST GATE HOMEOWNERS ASSSOC -81 FOREST GATE CIR
11111111 111
I�
FRED BUCHOLZ
OUPAOE COUNTY RECORDER
APP.19,2001 3:38 PM
OTHER 06 -26- 301 -076
008 PAGES R2007- 073234
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2007- TC- AG -EX1 -S -1190 AN ORDINANCE AUTHORIZING
EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS
FOR MOTOR VEHICLES IN THE FOREST GATE SUBDIVISION IN THE VILLAGE OF
OAK BROOK
Property Address /es COMMON AREAS & ROADWAYS /FOREST GATE CIRCLE AND
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
81 FOREST GATE CIRCLE, OAK BROOK, IL 60523
Pin Number /s 06 -26- 301 -016; 06 -26- 301 -017; 06 -26- 301 -018
Name & Address of Applicant: FOREST GATE HOMEOWNERS ASSOCIATION
81 FOREST GATE CIRCLE, OAK BROOK, IL 60523
Name & Address of Responsible FOREST GATE HOMEOWNERS ASSOCIATION /PRESIDENT
Party to Receive Copy of 81 FOREST GATE CIRCLE
Recorded Document and Billing: OAK BROOK, IL 60523
G/L Account # to be Charged: 10 -1365 `
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged:
N/A
Return To Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
ORDINANCE 2007-TC-AG-EX1 -S-1 190
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR
ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR MOTOR
VEHICLES IN THE FOREST GATE SUBDIVISION IN THE VILLAGE OF OAK BROOK
WHEREAS, Forest Gate Circle is a certain private roadway located within the limits of the Village
of Oak Brook, and
WHEREAS, the Owners of Forest Gate Circle (hereinafter "Owners ") have formed the Forest
Gate 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 Forest Gate Circle and the Forest Gate Homeowners Association as embodied in the
"AGREEMENT BETWEEN THE FOREST GATE HOMEOWNERS ASSOCIATION AND THE VILLAGE
OF OAK BROOK FOR ENFORCEMENT OF TRAFFIC REGULATIONS FOR MOTOR VEHICLES IN THE
FOREST GATE SUBDIVISION ", 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
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 10th day of April, 2007
Kevin Quin n
Village Pr sident
6
Ordinance 2007-TC-AG-EX1 -S-1 190
Traffic Agrmt with Forest Gate
Homeowners Assn Page 2 of 2
PASSED THIS 10th day of April, 2007
Ayes Trustees Aktipis, Craig, KennedV, ManofskV, Sanford and Yusuf
Nays None
Absent None
1g,
22
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ATTEST
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Linda K Gonnella, CMC
'0010'r 144
Village Clerk v - -
OOY Y Wo
AGREEMENT BETWEEN THE FOREST GATE HOMEOWNERS ASSOCIATION
AND THE VILLAGE OF OAK BROOK FOR ENFORCEMENT OF TRAFFIC REGULATIONS
FOR MOTOR VEHICLES IN THE FOREST GATE SUBDIVISION
AGREEMENT, made and entered into this �D day of 2007, b and
THIS AG Y Y
between the Village of Oak Brook, a municipal corporation of the State of lifinois (hereinafter called the
"Village ") and the Forest Gate Homeowners Association, Inc, an Illinois not - for - profit 501(C)3 corporation
(hereinafter called the "Association ") -
W I T N E S S E T H
WHEREAS, the Association is the owner of a certain common areas and a private roadway
system located within the limits of the Village, which is legally described in Exhibit "A" attached hereto,
and which is commonly known as
Forest Gate Circle, a private roadway and common areas which have the following
Permanent Parcel Nos 06 -26- 301 -016, 06 -26- 301 -017, and 06 -26- 301 -018, and
WHEREAS, the Association has filed a written request that the Village's Police Department
enforce the applicable provisions of the Illinois Vehicle Code on the private roads in the Forest Gate
Subdivision, and desires to enter into an agreement with the Village to regulate certain motor vehicular
traffic movements on said private roads, and
WHEREAS, upon receiving an appropriate written request, the Village is authorized, pursuant to
625 ILCS 5/2091, to enter into an agreement with a board of directors representing a residential
subdivision or development containing a minimum of ten (10) single - family residences, and
WHEREAS, the corporate authorities of the Village of Oak Brook and the Board of the Forest
Gate Homeowners Association have authorized the ratification of the terms, provisions and conditions of
this Agreement, and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the parties hereto agree as follows
The recitals set forth above are hereby incorporated into and made a part of this Agreement
2 For the sole consideration of one dollar ($1 00), the Village agrees to enforce the traffic
regulations set forth in the Illinois Vehicle Code within the Forest Gate Subdivision
3 The Association agrees that if any person using a motor vehicle in the Forest Gate Subdivision
violates any provision of the Illinois Vehicle Code within such Subdivision, the Village will enforce such
provision of the Vehicle Code against such person as if the action had taken place on a public highway
4 In consideration for the performance by the Village of the police services described hereon, the
Village shall be entitled to all fines paid or assessed against persons who violate any provision of the
Illinois Vehicle Code
5 -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 with a minimum limit of $1,000,000 of General
Liability with the Village of Oak Brook named as Certificate Holder and Additionally Insured
6 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 Forest Gate Circle Forest Gate Circle shall remain a privately owned road, maintained and
controlled by the private owners
Forest Gate
Traffic Agreement
Page 2 of 4
7 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
8 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
9 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
10 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
11 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
Forest Gate Homeowners Association, Inc
81 Forest Gate Circle
Oak Brook, Illinois 60523
12 A fully executed copy of this Agreement, together with Exhibit A shall be recorded in the office of
the DuPage County Recorder, and no regulations established pursuant to this Agreement shall be
effective and enforceable until three (3) days after the Agreement or any amendments thereto are
recorded
13 By their execution of this Agreement, the parties hereto certify that each has taken all action
necessary to authorize the execution and to ratify the terms, provisions and conditions of this Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers the day and year first above written
H
Forest Gate
Traffic Agreement
Page 3 of 4
VILLAGE OF OAK BROOK, a municipal
corporation of the State of Illinois,
BY
Kevin uinlan
Villa 6e President
'ATTEST
"�'� "Ft�l it ,•y +4L P • 1` V�
.a
Linda K Gonnella, CMC
Village Clerk
FOREST GATE HOMEOWNERS ASSOCIATION, INC
BY
Edward Squier esident
ATTEST
5#p Gorden,, ecretary
did t
e
EXHIBIT A
LEGAL DESCRIPTION
Forest Gate
Traffic Agreement
Page 4 of 4
Forest Gate Subdivision, Oak Brook Illinois
Forest Gate, a Subdivision in the Southwest Quarter of Section 26, Township 39 North,
Range 11 East of the 3rd Principal Meridian in the Village of Oak Brook in DuPage
County, Illinois Recorded as Document R 1999 - 172958, August 6, 1999, Recorder's
Office of DuPage County Illinois
Affects only common areas and roadways which have the following Permanent Parcel
Numbers: 06-26-301-016
06-26-301-017
06-26-301-018
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on April 10, 2007 , the corporate
authorities of the above municipality passed and approved
Ordinance 2oo7- Tc:- AG -Fxi -S -1 1 90 ,
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR
ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR MOTOR
VEHICLES IN THE FOREST GATE SUBDIVISION IN THE VILLAGE OF OAK BROOK
I DO FURTHER CERTIFY that the original document, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, ordinances and documents of the said Village of Oak Brook,
DuPage and Cook Counties, Illinois.
IN THE WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Oak Brook this 17th day of April , 2007.
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Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL