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S-993 - 06/12/2001 - AGREEMENT - Ordinancesi� ORDINANCE 2001- TC- AG- EX1 -S- 993 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 BROO WHEREAS, the Briarwood Lakes Community Association is the owner of certain private roadways located within the limas of the Village of Oak Brook; 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, in 1991 and 1996 the agreement was renewed, and WHEREAS, it is the wish of the Briarwood Lakes Community Association to enter once again into an agreement for a five -year term 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 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 Co mmunity 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 12th day of June, 2001 Ayes: Trustees Butler, Caleel, Craig and Korin Nays. Nine Absent: Trustees Miologos and Savino Abstain, None APPROVED THIS 12thday of June, 2001. :�611agi5lClerk Approved as to Form: Village Attorney 1'a Oki IN %SSCHMIOTwOR00O0ORM8RIARWOOO LAKES doc Ordinance 2001- TC- AG- EXI -S- 993 Traffic Enforcement Briarwood Lakes, Page 2 Published Date Not Published V III( -i l, %-, 1 1 Ln J IV GI IL AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR :MOTOR VEHICLES IN THE BRIAR`VOOD LAKES SUBDIVISIOIN LN THE VILLAGE OF OAK BROOK THIS AGREEMENT, made and entered into this 12t;h day of June , 2001, by an the Village of Oak Brook, a municipal corporation of the State of Illinois (hereinafter "Village ") and the Bnarwood Lakes Community Association, an Illinois not - for - profit c (hereinafter also called "O%N-ner "). WIZ NESSETH: WHEREAS, the Bnarwood Lakes Community Association is the owner of ce roadways located within the limits of the Village and which are known as: Bnarwood Avenue, Bnarwood Circle, Briarwood Central, Briar-wood South, Bnarwi Lane, Bnarwood Loop, Bnarwood Pass, Bnarwood North and which are depicted on attached map, Permanent Parcel Nos. 06-27-407-115, 06 -27- 407 -116, 06 -27 -407 -1 06 -27- 407 -120, 06 -27- 407 -122, 06- 27- 407 -123, 06 7-203-056, 06 -27 -202 -116, 06- 202 -1 17, 06- 27- 202 -118; and WHEREAS, the Bnarwood Lakes Community Association desires to enter into an with the Village in order to empower the Village to regulate certain motor vehicular traffic on said private roadways pursuant to the provisions of 625 II".CS 5/11-209, Illinois Compiled provided below; and between alled the rporation n private d e agreement ovements ,tatutes as WHEREAS, the corporate authorities of the Village of Oak Brook and the Board of Trustees of the Bnarwood Lakes Community Association have authorized the ratification of the terms, provisions and conditions of this Agreement; NOW. THEI.E O :E, in co-• ,iderat ►on of the mutual co , enrants and a ;reements herein contained, the parties hereto agree as follow;: 1. The Village hereby agrees to establish and enforce, only upon the request of Owner, the following regulations within the Bnarwood Lakes Subdivision a. The maximum speec limit for any - ehicle shall be twenty-five (25) miles pi r hour; b. A stop sign shall be maintained at the exit of the Bnarwood Lakes Subdivision and the driver of a vehicle emerging from the Bnarwood Lakes Subdivision shall stop such vehicle immediately prior to leaving the gate house 2. The Owner does hereby agree to erect and maintain signs relating to the aforesaid at appropriate places within the Bnarwood Lakes Subdivision. gulations ('R T� 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 only 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 fro hereof and shall be self renewing for periods of one (1) year each thereafter, not to exceed five (5) years, uriless and until cancelled by ' ��ot :e,s A ' I ar thirty (30} days vrior written rotic 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 60523 Whenever notice to the Owner is required, it shall be addressed to. Managing Agent Briarwood Lakes Community Association 1 Briarwood Central Oak Brook, IL 60523 i the date period of by either 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 attorney's fees and expenses, which the Village and/or its officers, employees and agents may incur, suffer or sustain, or fx which thA Village and/or its officers, employees and agents may become obligated by reason for any accideni. 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), ansing 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 point omission of the police officers of thY 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), ansing indirectly or directly in connection with or under, or as a result of, _2_ el I- this Agreement solely by virtue of any act and/or omission of any of the VilIage'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 ansing 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 2001 is 537.61 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 ponce protection. The Village shall, in the exercise of its tole discretion, deze ma ine is i;zt- the pre;5 of regula: police bus,ness 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. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authonzed officers the day and year first above written. � w r Village Clerk ATTEST. C Secretary rnar-«od muMc agrecma,t VILLAGE OF OAK BROOK, a municipal corporation of the State of Illinois e%7- iL2ge President --T„-4-14- BF.IARWOOD L. S (-C AI%IMT i7 y' ASSO�;Ip.TiC an Iliiro:s not - for- proii: corporation Preside;' - 3 - )N oz r