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G-276 - 01/21/1981 - TRAFFIC - Ordinances ORDINANCE NO. G- 276 AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A CONTRACT ENTITLED "AGREEMENT REGARDING PARKING, TRAFFIC AND OTHER POLICE: REGULATIONS IN THE OAKBROOK SHOPPING CENTER" WHEREAS, the Village President and Board of Trustees have heretofore approved Ordinance G-94 , passed and approved October 22-, 1968 which Ordinance authorized a contract with Oakbrook Terrace, Inca authorizing the Village to enforce traffic and parking regu lations within the Oakbrook Shopping Center pursuant to authority provided in the Illinois Vehicle Code , Chapter 95- 1/2 of the Illinois Revised Statutes ; and WHEREAS, said Agreement was amended and extended by action of the Village Board on April 23 , 1974 ; and WHEREAS , the President and Board of Trustee> of the Village of Oak Brook deem the amendment and revision of said Agreement to be in the best interest of the Village and its citizens ; and WHEREAS, the said revised Agreement has been reviewed, approved and executed by UIDC Management , Inc . , the authorized .agent for the owner of the property known as the Oakbrook Shopping Center ; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND B.OAR`I1 OF TRUSTEES OF THE VILLAGE OF Oak BROOK, DU PAGE AND COOK COUNTIES., ILLINOIS as follows : Section 1 : That a certain contract entitled "Agreement Regarding Parking , Traffic and Other Police Regulations In The Oakbrook Shopping Center" , a cope of which is attached hereto labelled Exhibit "A" and hereby- made a part hereof, is hereby approved and the Village President and Village Clerk are hereby authorized and directed to execute the same. Section 2 That the Village Attorney is hereby authorized and directed to record said agreement in the Office of the Recorder of Deeds , DuPage County , Illinois as required under Section 11-209 of Chapter 95- 1/2 of the Illinois Revised Statutes . Section 3 : Than the Village Clerk is hereby- authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law. Section 4 : That Ordinance G-94 and. all other ordinances or parts thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed. Section 5 : That this Ordinance shall be in full force and effect from and after its passage, approval , publication in pamphlet form and recordation as required by law. Passed this 20th day of January 1981. Ayes : Trustees Congreve, Imrie, Philip , Rush and Watson Nays : None Absent : None Abstain: Trustee Reynolds" Approved this 20th day of January , 1981 . { Ordinance No . G-_ 276 Page 2 Approving and Authorizing Execution of Agreement Regarding Parking , Traffic and Other Police Regulations in the Oakbrook Shopping Center /U9 V e resi en ATTEST: Villag Clerk Approved as to Form: Villa e Attorney 4 Published 1/21/81 Pamphlet Date--- �~ Paper Not Published ` AUKttiltii iItUI HU YHKt:1)bj, I KJO, I. M /ki'tU 01'fiEl! NUL I UL REGULATIONS IN THE OAKIBROOK SHOPPING CENTER THIS AGREEMENT made and entered into this _d day. of 196Z_ by and between THE VILLAGE OF OAK BROOK, uPa ounty, Illinois , a municipal corporation, (hereinafter called "VILLAGE" ) , and UIDC MANAGEMIENT , INC. , authorized agent for the owner -o1c Oakbrook Shopping Center , ( hereinafter called "URBAN" ) , W I T 14 E S S E T H WHEREAS, Section 11 --209 of the Illinois Vehicle Code of the State of Illinois , Illinois Revised Statutes , Chapter 95-1/2 , paraarwph 11 -209 (1975) , empowers the corporate authorities of a municipality to contract with the owner of a shopping center loca '.ed within the limits of a municipality or person* having the legal right to mana;;e or control such propperty for the purpose of regulating the parking of automobiles and traffic in said shopping center; all"! WHEREAS , Section 10 of Article 7 of the Constitution of the State of* Illinois specifically authorizes a unit of local govern ment such as the VILLAGE of contract and otherwise associate itself with individual s ,'`associations and corporations in any manner not prohibited by law or ordinance ; and WHEREAS, Oakbrook Shopping Center ( hereinafter called the "SHOPPING CENTER" ) is located completely within the corporate limits of the Village of Oak Brook , DuPage County, Illinois acid said SHOPPING CENTER has been constructed on the property described on Exhibit A attached hereto and by this reference r,ade a part hereof (hereinafter called "property" ) ; and WHEREAS , URBAN is authorized by -the owner of the. SHOPPING. CENTER to manage and control the SHOPPING CENTER and has the authority to contract with the VILLAGE for the regulation of traffic and parking within the parking area of the SHOPPING CENTER; and WHEREAS , for the purpose of this Agreement, the term "Parting Area. of the Shopping Center" shall include the area or areas or land near or contiguous to the SHOPPING CENTER , including interior private roadways and drives used by the public as the means of access to and egress from the buildings , stores and L� jsiness establishments within the SHOPPING CENTER and for the parEing of motor vehicles ; NOW , THEREFORE , in consideration of the foregoing premises and the mutual covenants herein contained , the parties agree as follows : I . For the purposes of this Agreement , the VILLAGE is hereby empowered to exercise its police powers within the Property as follows: a. To erect stop signs , flashing signals , handicapped parking area signs or yield signs at locations specified by URBAN and to adopt appropriate regulations pertaining thereto or pertaining to the designation of any intersection in the parking area as a stop intersection or as a yield intersection and the ordering of like signs or signals at one or more entrances to said intersection. b. To prohibit and regulate the turning of vehicles or specified types of vehicles at intersections or other locations desig nated by URBAN on the Property. c. To regulate the crossing of any roadway in the parking area by pedestrians . d. To designate any separate roadway on the Property for one-way traffic. e. To establish and regulate loading zones . f. To prohibit , regulate, restrict or limit stopping, standing or parking of vehicles in specified areas on the Property. g. To designate safety zones and fire lanes in the parking area. _ fi. To remove and store vehicles parked or abandoned in the parking area during snow storms , floods , fires and other public emergencies or found unattended in the parking area .where such vehicles: a) constitute an obstruction to traffic ; or b) where stopping , standing or parking is pro- hibited ; provided , however, that the cost of any such removal or storage shall be borne by the owner or operator of such vehicles. i . To establish and adopt additional reasonable rules and regulations for the respect of traffic and parking on the Property as local conditions may require for the safety and convenience of the public or the users . of the Property. j . To otherwise enforce any and all ordinances , statutes and laws of the VILLAGE , State of Illinois -and the United States. II . That for purposes of enforcing the provisions of this Agreement , roadways , driveways , loading zones , safety zones, fire lanes , and handicapped parking areas shall be designated by URBAN with appropriate signs and traffic code control devices consistent with and in conformance with the provisions of paragraphs 11-301 through 11-313 , inclusive, of the- Illinois Vehicle Code, Chapter 95--1/2 of the Illinois Revised Statutes . URBAN shall have the right to designate- changes in the designation of roadways , drives, loading zones, safety zones , fire lanes , etc. , subject to the approval of the VILLAGE, which approval shall not be unreasonably withheld . III . The cost of planning, installing and maintaining the traffic control and parking signs and devices shall be borne by URBAN and its .. successors or -its assigns. The cost of enforcement - of the traffic . control and parking regulations under this Agreement shall be borne at all times by the VILLAGE and the VILLAGE agrees to undertake the regulation of traffic control :and parking in the parking area of the SHOPPING CENTER in accordance with this Agreement. IV. This Agreement shall remai.n in force for a period of 10 years from the date hereof, but either party may terminate this Agreement upon sixty (60) days prior written notice to the other party. V: Both parties hereto agree that the VILLAGE by execution and performance of this Agreement assumes no liability for any acts or omissions in the exercise of the powers granted to VILLAGE enumerated herein. VI . This Agreement shall be recorded in the Office of the -Recorder of Deeds for DuPage ,County, Illinois. i VI I T ;! 1JITIJVYS , .I!FRV0V thr r)art r P r I fC-A thi _, , l'oement as of the date fi !-st above written. VILLAGE OF 1st; QU0 'P an Illinois municipa c rpor f� Its 1 i ATTEST : -;I N'bg; ..C-1e�rk UIDC MANAGEMENT , I14C . B y; ` . Its V► cL- i )L � /. ASI Secretary Exhibit A Oakbrook Center Parcel LEGAL DESCRIPTION A total description of Oakbrook Center, consisting of the Landlord Tract, Field Traci: and Sears Tract, hereinafter called the "Oakbrook Property" is as.follows: Lots l to 7 inclusive and that part of Lot 9 (except that part falling in Spring Road and 22nd Street) which lies. South of the following described liner Beginning at a point on the East line of said Lot 9, 678.15 feet North of the Southeast corner thereof; thence West, along a line parallel to the South line of said Lot 9, 448.02 feet to the angle corner in the West line of said Lot 9, which is 1,971.64 feet South of the Northwest corner of said Lot 9, in Oakbrook Terrace, a Subdivision of part . al of Section 23, Township 39 North, Range 11, East of the Third ! Principal-Meridian, according to the plat thereof recorded October 24, 1960 as Document Number 984765 in Du Page County, Illinois. al i I i� STATE OF ILLINOIS ) COIUMY OF DU PAGE ) I, Jc++►n) 2E�H0� , a Nota y Public in and for said" Cou.:_y, in the State aforesaid, DO iIEREBY CERTIFY that Wence F. Cerne , President of the VILLAGE OF OAK BROOK, and - Marianne Lakosil Village Clerk thereof, personally known to ne to be the same persons whose names are subscribed to the foregoing instrtLnent as such President and Village Clerk respectively, appeared before Sae this day in person aild acl=wl::uged that• they signed. and delivered the raid instrument as their ovn free and volunti-- •y act, and as the- free and voluntary act of said Corporation, for the uses and purposes therein set forth; and the said Village Clerk did also then and there acknowledge that as custodian of the seal of the Village of Oak Brook, pursuant to authority given by the Board of Trustees of said Village, dial affix the said seal of the Village of Cak Brook to said instrument as his/her own free and voluntary act, and as the free and voluntary act of said Village for the uses and .purposes therein set forth. ; GIVEN u-nder, my hand and NOTARIAL. SEAL this Zak day of DJy Cor►n'ssion expires:f STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, a Notary Public in a_*id for said County, in the State resaid HE CERTIFY that President of UID ' 11AG�tEMENT, 1NC., a 6 6"y S:S/44�* Secretary thereof, personally known to me to be the sane persons whose names are subscribed to the foregoing instrument as such :et.. President and AVYAAtSecretary respectively, appeared before me this day in person. and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth; and the s_aid .il 440, Secretary did also then and there acknowledge that he as custodian of the corporate seal of said Corporation, pursuant to authority given by the Board of said Corporation, did affix the said corporate seal of said Corporation to said instrument as his own free and voluntary act, and as thy: free and voluntary act of said Corporation for the uses and purpos • therein set orth. GIVEN under" my hand and NOTARIAL SEAL thiC ay o£ 4 , f SEAL). M,. Co„-;;n ission expires: ` 1 .r