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S-1190 - 04/10/2007 - TRAFFIC - Ordinances ExhibitsAGREEMENT BETWEEN THE FOREST GATE HOMEOWNERS ASSOCIATION AND THE VILLAGE OF OAK BROOK FOR ENFORCEMENT OF TRAFFIC REGULATIONS FOR MOTOR VEHICLES IN THE FOREST GATE SUBDIVISION , THIS AGREEMENT, made and entered into this /05 day of 2007, by and between the Village of Oak Brook, a municipal corporation of the State o Ilinois (hereinafter called the 'Village") and the Forest Gate Homeowners Association, Inc., an Illinois not - for - profit 501(C)3 corporation (hereinafter called the "Association ") W I T N E S S E T H WHEREAS, the Association is the owner of a certain common areas and a private roadway system located within the limits of the Village, which is legally described in Exhibit "A" attached hereto, and which is commonly known as Forest Gate Circle, a private roadway and common areas which have the following Permanent Parcel Nos: 06 -26- 301 -016, 06 -26 -301 -017, and 06 -26- 301 -018, and WHEREAS, the Association has filed a written request that the Village's Police Department enforce the applicable provisions of the Illinois Vehicle Code on the private roads in the Forest Gate Subdivision, and desires to enter into an agreement with the Village to regulate certain motor vehicular traffic movements on said private roads; and WHEREAS, upon receiving an appropriate written request, the Village is authorized, pursuant to 625 ILCS 5/2091, to enter into an agreement with a board of directors representing a residential subdivision or development containing a minimum of ten (10) single - family residences, and WHEREAS, the corporate authorities of the Village of Oak Brook and the Board of the Forest Gate Homeowners Association have authorized the ratification of the terms, provisions and conditions of this Agreement, and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: The recitals set forth above are hereby incorporated into and made a part of this Agreement 2. For the sole consideration of one dollar ($1.00), the Village agrees to enforce the traffic regulations set forth in the Illinois Vehicle Code within the Forest Gate Subdivision 3. The Association agrees that if any person using a motor vehicle in the Forest Gate Subdivision violates any provision of the Illinois Vehicle Code within such Subdivision, the Village will enforce such provision of the Vehicle Code against such person as if the action had taken place on a public highway 4. In consideration for the performance by the Village of the police services described herein, the Village shall be entitled to all fines paid or assessed against persons who violate any provision of the Illinois Vehicle Code 5 The Owners agree to maintain liability insurance, through the Association, in the amounts set forth in the Village Code of the Village of Oak Brook with a minimum limit of $1,000,000 of General Liability with the Village of Oak Brook named as Certificate Holder and Additionally Insured. 6 All Owners, the Association and the Village of Oak Brook agree that nothing in this Agreement shall be construed to, nor is it intended to impose, any legal duty upon the Village of Oak Brook to maintain Forest Gate Circle Forest Gate Circle shall remain a privately owned road, maintained and controlled by the private owners Forest Gate Traffic Agreement Page 2 of 4 7 The sole remedy available to the Owners or the Association upon any breach or alleged breach of this contract by the Village, shall be the cancellation of this Agreement It is of the essence of this Agreement that the Village shall not be liable in money damages for any breach of this Agreement 8 In the event that the Village, the Owners or the Association agree that additional police services are necessary, above and beyond normal police protection as is customarily provided to any other road in the Village, the parties agree that the Village shall submit a bill to the Association for the additional police protection The additional protection will be billed at the Special Duty Rate then in effect and will be due to the Village within thirty (30) days of receipt of the bill The Association agrees to pay any fees for additional police services, as billed by the Village, within thirty (30) days of the receipt of said bill 9. The Owners and 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 of 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 Owners, or the Association, its officers, employees, and /or agents, or (2) by virtue of any point act and /or point omission of the police officers of the Village and the Owners or the Association 10. This Agreement shall continue for a period of one (1) year from the date of execution, and shall be self - renewing. Either party may cancel this Agreement by providing thirty (30) days written notice to the other party The Agreement shall terminate upon the expiration of the thirty (30) day notice period 11 All notices intended for the Village shall be directed to Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 All notices and bills intended for the Owners or the Association shall be directed to* President Forest Gate Homeowners Association, Inc 81 Forest Gate Circle Oak Brook, Illinois 60523 12 A fully executed copy of this Agreement, together with Exhibit A shall be recorded in the office of the DuPage County Recorder, and no regulations established pursuant to this Agreement shall be effective and enforceable until three (3) days after the Agreement or any amendments thereto are recorded. 13. By their execution of this Agreement, the parties hereto certify that each has taken all action necessary to authorize the execution and to ratify the terms, provisions and conditions of this Agreement 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. Kevin Quinlan ' Village Presider ATTEST* Linda K Gonnella, CMC Village Clerk ` FOREST GATE HOMEOWNERS ASSOCIATION, INC BY Edward Squi , President ATTE T usan Gorden, Secretary -51Az.A ?Jk)C Forest Gate Traffic Agreement Page 3 of 4 EXHIBIT A LEGAL DESCRIPTION. Forest Gate Subdivision, Oak Brook Illinois Forest Gate Traffic Agreement Page 4 of 4 Forest Gate, a Subdivision in the Southwest Quarter of Section 26, Township 39 North, Range 11 East of the P Principal Meridian in the Village of Oak Brook in DuPage County, Illinois. Recorded as Document R 1999 - 172958, August 6, 1999, Recorder's Office of DuPage County Illinois. Affects only common areas and roadways which have the following Permanent Parcel Numbers: 06 -26- 301 -016 06-26-301-017 06 -26- 301 -018