S-849 - 06/25/1996 - POLICE DEPARTMENT - Ordinances ORDINANCE 96-AG-EX1-S-849
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 BROOK
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, the Briarwood Lakes Community Association desires to enter into
an agreement 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, 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, 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 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 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 25th day of June, 1996.
Ordinance 96-AG-EXI-S-849
Traffic Enforcement
Briarwood Lakes Subdivision
Page 2
Ayes: Trustees Bartecki, Kenny, :McInerney, Savino and Shumate
Nays: None
Absent: Trustee Payovich
Abstain: None
APPROVED THIS 25th day of June, 1996.
'w
i�yilage Preside
ATTEST '��
Village'Glerk
Approved as to Form:
> Z6
i
Village Attorney
Published
Date Paper
Not Published XX
EXHIBIT A
AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
REGULATIONS FOR MOTOR VEHICLES IN THE
BRIARWOOD LAKES SUBDIVISION IN THE
VILLAGE OF OAK BROOK
THIS AGREEMENT, made and entered into this 25th day of
.Tune , 1996 , by and between the Village of Oak Brook, a municipal
corporation of the State of Illinois (hereinafter called the
"Village" ) and the Briarwood Lakes Community Association, an
Illinois not-for-profit corporation (hereinafter called "Owner" ) .
W I T N E S S E T H :
WHEREAS, the Briarwood Lakes Community Association is the
owner of certain private roadways located within the limits of the
Village and which are known as :
Briarwood Avenue, Briarwood Circle, Briarwood Central,
Briarwood South, Briarwood Lane, Briarwood Loop,
Briarwood Pass, Briarwood North and which are depicted on
the attached map; Permanent Parcel Nos . 06-27-407-115 ,
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; and
WHEREAS, the Briarwood Lakes Community Association desires to
enter into an agreement with the Village in order to empower the
Village to regulate certain motor vehicular traffic movements on
said private roadways pursuant to the provisions of 625 ILCS 5/11-
209 , Illinois Compiled Statutes as provided below; and
WHEREAS, the corporate authorities of the Village of Oak Brook
and the Board of Trustees of the Briarwood Lakes Community
Association have authorized the ratification of the terms ,
provisions and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties hereto agree as follows :
1 . The Village hereby agrees to establish and enforce the
following regulations within the Briarwood Lakes Subdivision:
a. The maximum speed limit for any vehicle shall be
twenty-five (25) miles per hour;
b. A stop sign shall be maintained at the exit of the
Briarwood Lakes Subdivision and the driver of a
vehicle emerging from the Briarwood Lakes Subdi-
vision shall stop such vehicle immediately prior to
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leaving the gate house, and shall yield the right-
of-way to any pedestrian as may be necessary to
avoid collision, and upon entering the public
street or roadway shall yield the right-of-way to
all vehicles approaching on said public street or
roadway.
2 . The Owner does hereby agree to erect and maintain signs
relating to the aforesaid regulations at appropriate places within
the Briarwood Lakes Subdivision.
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 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 from the date hereof and shall be self
renewing for periods of one ( 1 ) year each thereafter, not to exceed
a period of five ( 5 ) years , unless and until cancelled by not less
than thirty ( 30) days prior written notice by either 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 60521
Whenever notice to the Owner is required, it shall be addressed to:
Managing Agent
Briarwood Lakes Community Association
1 Briarwood Central
Oak Brook, IL 60521
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
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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 ) , 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
Owner, 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 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 ) , arising indirectly
or directly in connection with or under, or as a result of, 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 $1, 000 , 000 .00 which shows the Village as a party
insured for any claims arising 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 1996 is $28 . 62 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,
determine when the press of regular police business 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.
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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:
41a"gePrre nt
�t1TTE S T':'
` BRIARWOOD LAKES COMMUNITY ASSOCIATION
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� � •-�w> an Illinois not-f -profit corporation
By:
Pr en
ATTEST:
Secretary
Briarwd.agr
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