S-889 - 11/11/1997 - TRAFFIC - Ordinances ORDINANCE 97-AG-EX1-S-889
AN ORDINANCE AUTHORIZING EXECUTION OF
AN AGREEMENT FOR ENFORCEMENT OF CERTAIN
TRAFFIC REGULATIONS FOR MOTOR VEHICLES
IN THE MIDWEST CLUB SUBDIVISION IN THE VILLAGE OF OAK BROOK
WHEREAS, the Midwest Club Homeowners Association is the owner of certain private roadways
located within the limits of the Village of Oak Brook; and
' WHEREAS, the Midwest Club Homeowners 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 Midwest Club Homeowners Association have authorized
the execution of the terms, provisions, and conditions of this Agreement; and
WHEREAS, 625 ILLS 5/11-209, Illinois Compiled Statutes, provides that the corporate
authorities are empowered to approve agreements such as the one requested by the Midwest Club
Homeowners 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
Midwest Club Homeowners Association as embodied in the Agreement for Regulation of Parking of
Motor Vehicles and Traffic at Midwest Club Residential Development in the Village of Oak Brook,
Illinois, a copy of which is attached hereto as Exhibit 1 and further does approve said Agreement and
does authorize and direct the Village President and Village Clerk to execute said Agreement.
Passed this 11th day of November, 1997.
Ayes: Trusteee Bartecki, Caleel, Kenny, McInerney and Savino
Nays: None
Absent: Trustee Shumate
Abstain: None
Ordinance 97-AG-EX1-S-889
Traffic Enforcement
Midwest Club Subdivision
Page 2
APPROVED THIS 11thday of November, 1997.
�• E31Village President
ATTEST: �ko
_ r
Viffa-g'e dlerk
� A
Approved as to Form: COURx
Village Attorney
Published
Date Paper
Not Published XX
EXHIBIT 1
AGREEMENT FOR REGULATION OF PARKING OF
MOTOR VEHICLES AND TRAFFIC
AT MIDWEST CLUB RESIDENTIAL DEVELOPMENT
IN THE VILLAGE OF OAK BROOK, ILLINOIS
THIS AGREEMENT,made and entered into this 11th day of November _, 1997, by and
between the Village of Oak Brook, a municipal corporation of the State of Illinois (hereinafter called
the "VILLAGE") and the Midwest Club Homeowners 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 Midwest Club, located within the limits of the VILLAGE,
hereinafter called " development," and which are legally described on Exhibit A attached hereto and
made a part hereof.
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 625 ILCS 5/11-209.1; and
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 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. Any vehicle parked within the 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 shall be removed by the VILLAGE to an approved storage area
and shall be retained 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 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 in the
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 canceled
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.
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 ASSOCIATION is required, it shall be addressed to:
Midwest Club Trust
1100 Midwest Club Drive
Oak Brook, IL 60523
Attention: President
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.
-2-
(c) The ASSOCIATION shall maintain general liability insurance in the minimum amount
of $2,000,000 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 ASSOCIATION, ASSOCIATION shall pay the VILLAGE
at the Special Duty Rate then in effect. The Special Duty Rate for 1997 is $29.42 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 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
�Lof OA�45' '/Village Presiden
ATTEST: vP � .r_�' -qX
•/l )
r fy
Village Cler
Aqt�' w MIDWEST CLUB HOi*v1EOWNERS ASS'N.,
COUN� an Illinois not-for-profit corporation
By: &LO— &�-Nlkq
President
ATTE
Secretary 61
-3-
EXHIBIT A
1 of 2
Private roadways located within the limits of the Village which are known as:
Midwest Club Parkway, Midwest Club Court 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19 and 20 and which are depicted on the attached map.
EXHIBIT A
2of2 `
T�C: ffi1DUJE:3T CLUB
OF OAK BROOK
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"A VERY PRIVATE RESIDENTIAL CLUB" ",a :Y�t/ �, • ° `~ ' "
Lot
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100 Midwest Club Parkway ; �. � °► • ,,,
Oak Brook, Illinois 60521
(312)654-1320 i °' - v. • . »,- roi
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231 ACRES 220 MAGNIFICENT HOMESITES
The grounds are completely fenced. The wide entry area with a Gatehouse and 24
hour Gatekeeper is located on 31st Street(known in-the village of Oak Brook as -
Oak Brook Road).The entry road leads to a beautiful loop Parkway with water
and green area 170 feet, and more, across. Each of the 20 circular Court Roads
that radiate from the Parkway ends in its own cul-de-sac. This design effectively
minimizes the intrusion of automobiles. The only cars that ever pass are those of
Immediate neighbors and permitted guests. The driveway from each home leads to
the private Court Road which connects to the Parkway system. Columns delineate AMERICAN REALTY COMPANY
p Y ) AND AMOCO RE/1:iY Cpt�1PANV
,}„ (-n -a^ce 'm each ce.:,t a^d idea-4v the court re-ri,er. :oa•e