S-854 - 08/13/1996 - TRAFFIC - Ordinances ORDINANCE 96-AG-EX1-S-854
AN ORDINANCE AUTHORIZING EXECUTION OF
AN AGREEMENT FOR ENFORCEMENT OF CERTAIN
TRAFFIC REGULATIONS FOR MOTOR VEHICLES
IN THE HUNTER TRAILS SUBDIVISION IN THE VILLAGE OF OAK BROOK
WHEREAS, the Hunter Trails Community Association is the owner of certain
private roadways located within the limits of the Village of Oak Brook; and
WHEREAS, the Hunter Trails 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, the Board of Directors of Hunter Trails 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 Hunter Trails 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 l: 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 Hunter Trails Community Association as embodied in the
Agreement for Enforcement of Certain Traffic Regulations for Motor Vehicles in
the Hunter Trails 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 exe to said
Agreement.
Section 3: That the Village Clerk is hereby authorized and directed to
cause the recordation of a certified copy of this Ordinance in the office of
the DuPage County Recorder.
PASSED THIS 13th day of August, 1996.
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Ordinance 96-AG-EXI-S-$54
Traffic Enforcement
Hunter Trails Subdivision
Page 2
Ayes: Trustees Bartecki, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: Trustee Kenny
Abstain: None
APPROVED THIS 13th day of August, 1996.
f �
y , Village President
ATTEST• `
illage Clerk;)
Approved as j-o Form:
Village Attorney
Published
Date Paper
Not Published XX
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This Document Prepared by
and after recording Mail to:
Walter J. O'Brien H
O'Brien& Associates, P.C.
17W200 22nd Street
Oakbrook Terrace, IL 60181
AGREEMENT FOR REGULATION OF PARKING OF
MOTOR VEHICLES AND TRAFFIC AT HUNTER TRAILS
RESIDENTIAL DEVELOPMENT IN THE VILLAGE OF
OAK BROOK, ILLINOIS
This Agreement, made and entered into this 13th day of August , 19 96, by
and between the Village of Oak Brook, a municipal corporation of the State of Illinois (hereinafter
called the "Village"), and Hunter Trails Community Association, an Illinois not-for-profit
corporation (hereinafter called "Association").
WITNESSETH:
WHEREAS, the Association is the owner of certain private streets within the residential
development commonly known as Hunter Trails which is located within the limits of the Village
hereinafter called"residential development," and which is legally described as follows:
Lot 1 through Lot 99 in Hunter Trails, a Subdivision in the North Half of Section 35,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat
thereof recorded July 1, 1975, as Document No. R75-32184 in DuPage County, Illinois.
Permanent Index No: See attached Exhibit A
and
WHEREAS, the Association desires to enter into an Agreement with the Village in order
to empower the Village to regulate traffic on such private streets pursuant to the provisions of
Chapter 65, Act 5, Section (11-209) (11-209.1), Illinois Compiled Statutes; and
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WHEREAS, the Board of Trustees of the Village and the Board of Directors of the
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 residential development:
a. The maximum speed limit for any vehicle shall be twenty-five (25) miles
per hour.
b. Stop signs shall be posted by the Association and the driver of a vehicle
within the residential development shall stop his or her vehicle at all such stop signs.
C. The removal and storage of any vehicle parked within the residential
development which is left unattended for a period of two days or which is left unattended
anywhere within the area covered by this Agreement in such a manner as to constitute an
obstruction to traffic or where stopping, standing or parking is prohibited. The Village
shall remove such vehicle to the municipal storage area and shall retain it until a charge is
made for the removal and storage in accordance with ordinance provisions. In the event
that the municipality is unable to recover the cost for storing such vehicle, that amount
shall be payable by the Association.
2. The Association does hereby agree to erect signs relating to the aforesaid
regulations at appropriate places within the residential development.
3. The Association 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 regulate the parking of automobiles and the traffic at
the said residential development to enforce the aforesaid regulations.
5. Where any Association 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, unless and
until cancelled by not less than thirty (30) days' written notice by either party to the other of its
intention to cancel same, in which case, the Agreement shall terminate upon the expiration of said
thirty(30) day notice period.
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7. Whenever notice to the Village is required, it shall be addressed to:
Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Whenever notice to the Association is required it shall be addressed to:
Oak and Dale Properties
211 West Chicago Avenue
Hinsdale, Illinois 60521
with a copy to:
Mr. Walter J. O'Brien, II
O'Brien& Associates, P.C.
17W200 22nd Street
Oakbrook Terrace, Illinois 60181
8. (a) 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 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 the Association, 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 the Association.
(b) The Association 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.
(c) The Association shall maintain general liability insurance in the minimum
amount of$2,000,000.00 which shows the Village as a party insured for any claims arising out of
this Agreement.
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9. In consideration for the performance by the Village of the police services herein
specified upon the private property of the Association, Association 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 hours. The Village shall submit a bill to the Association 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 police services
under this Agreement.
10. The sole remedy available to the Association, 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 hereto have executed this instrument 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:
*Viage'Plresident '
Hunter Trails Community Association, an
Illinois not-for-profit corporation
By:
Presid nt
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EXHIBIT A
LOT NO. PERMANENT INDEX NO. LOT NO. PERMANENT INDEX NO.
1 to 42 06-35-102-002 through -043 90 06-35-205-005
43 to 46 06-35-104-001 through-004 91 06-35-205-004
47 06-35-104-008 92 06-35-205-003
48 06-35-104-007 93 06-35-205-002
49 06-35-104-006 94 06-35-205-001
50 06-35-104-005 95 06-35-103-002
51 06-35-106-001 96 06-35-103-001
52 06-35-106-003 97 06-35-102-044
53 06-35-106-004 98 06-35-102-001
54 to 57 06-35-107-001 through -004 99 06-35-106-002
58 06-35-206-008
59 06-35-206-007
60 06-35-105-008
61 06-35-105-007
62 06-35-105-006
63 and 64 06-35-105-009
65 06-35-105-003
66 06-35-105-002
67 06-35-105-001
68 to 73 06-35-206-001 through -006
74 06-35-205-021
75 06-35-205-020
76 06-35-205-019
77 06-35-205-018
78 06-35-205-017
79 06-35-205-016
80 06-35-205-015
81 06-35-205-014
82 06-35-205-013
83 06-35-205-012
84 06-35-205-011
85 06-35-205-010
86 06-35-205-009
87 06-35-205-008
88 06-35-205-007
89 06-35-205-006