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S-993 - 06/12/2001 - AGREEMENT - Ordinances Exhibitsr" "s. rr 1, 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 BROOKI WHEREAS, the Briarwood Lakes Community Association is the owner of certain private roadways located within the limits 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 lagain 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 5111 -209, Illinois Compiled Statutes, provides that the corporate authorities are empowered to approve agreements such as the one requested by the Briarwood Lakes 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 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 Ce Main 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 t Ayes: Trustees Butler, Caleel, Craig and Korin Nays: None Absent: Trustees `4iologos and Savino Abstain. None APPROVED THIS 12thday of June, 2001. � .,\�, '�.,�`�1�', Vii. �•���'i�"�.�i �'i�,1 Clerk Approved as to Form. Village Attorney Ordinance 2001- TC -AG -EX 1 -S-993 Traffic Enforcement Briarwood Lakes, Page 2 Published Date Village President Not Published `C( I WOh11t,$SCHMIOTIWORDOOC\OR0\8RIARWOOO LAKES doe Paber / 1 AGREE.IENT FOR ENFORCEMENT OF CERTAIN TRAFFIC R} "GULATIONS FOR MOTOR VEHICLES IN THE BRIARWOOD LAKES SUBDIVISION IN THE VILLAGE OF OAK BROOK THIS AGREEMENT, made and entered into this 12t:h day of T,.np , 2001, by and between the Village of Oak Brook, a municipal corporation of the State of Illinois (hereinafter called the "Village ") and the Bnarwood Lakes Community Association, an Illinois not - for - profit corporation (hereinafter also called "Owner "). WIZ NESSETH: WHEREAS, the Bnarwood Lakes Community Association is the owner of certain pnvate roadways located within the limits of the Village and which are known as: Bnarwood Avenue, Bnarwood Circle, Bnarwood Central, Briarwood South, Bnarwood Lane, Bnarwood Loop, Bnarwood Pass, Bnarwood North and which are depicted on the attached map; Permanent Parcel Nos. 06 -27 -401 -115, 06 -27 -407 -116, 06 -27- 407 -117, 06 -27- 407 -120, 06 -27- 407 -122, 06- 27- 407 -123, 06-27-203-056, 06 -27 -202 -116, 06 -27- 202-117, 06-27-202-118, 06-27-203-055; and WHEREAS, the Briarwood Lakes Community Association desires to enter into an I agreement with the Village in order to empower the Village to regulate certain motor vehicular traffic movements on said pnvate roadways pursuant to the provisions of 625 ILCS 5/11-209, Illinois Compiled (Statutes as provided below; and WHEREAS, the corporate authonties of the Village of Oak Brook and the Board of the Bnarwood Lakes Community Association have authorized the ratification of the terms, and conditions of this Agreement; Ni t -DW, IUERE -ORE, iii co�...ideranon of 'he mutual co , enants and a,,reements herein the parties hereto agree as follow;. 1 The Village hereby agrees to establish and enforce, only upon the request of following regulations within the Bnarwood Lakes Subdivision. Crustees of provisions contained. honer, the a The maximum speec limit for any - ehicle shall be twenty -five (25) miles per hour; b A stop sign shall be maintained at the exit of the Bnarwood Lakes Subdivisiion from the Briarwood Lakes Subdivision shall and the dnver of a vehicle emerging stop such vehicle immediately pnor to leaving the gate house. 2 The Owner does hereby agree to erect and maintain signs relating to the aforesaid at appropnate places within the Bnarwood Lakes Subdivision. gulations (R I-- 3. The Owner does hereby agree to bear the costs and expenses of obtaining, maintaining any and all signs necessary to the enforcement of the aforesaid regulations. ing and 4. The Village hereby agrees to enforce the aforesaid regulations only upon the request of the BriarNvood 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 fre hereof and shall be self renewing for periods of one (1) year each thereafter, not to exceed five (5) years, unless and until cancelled by ,aot '.ess ' %Ihan nhirt.y° (301 -days vrior written notie 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 Villi ge and/or its officers, employees and agents from and against all liabilities, obligations, claims, -damages, 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 Villag° and/or as officers, employees and agents may become obligated by reason for any accident. ,njury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of nghts (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 point 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 �nd 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 nghts (specifically including violati i ns of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, _2_ e I- f h. this Agreement solely by virtue of any act and/or omission of any of the Village's officers, employees and/or agents. 8.c. Owner shall maintain general liability insurance in the minimum amount of S1,000,000.00 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 pnvate property of the Owner, Owner shall pay the Village at the Special Duty Rite then in effect. The Special Duty rate for 2001 is $37.61 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 police protection. The Village shall, in the exercise of its sole discretion, deze << lne -Mucv thle press of regula: police bu,.ness slial► or,-clude 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. c� "fJ Vr Village Clerk ATTEST. C Secretary rn.u.rood arc agrct—,c„( VILLAGE OF OAK BROOK, a municipal corporation of the State of Illinois tliage President -�-,,--- BF.IARWOOi7 LAKE` is ('fi✓1ML 'i7 y' rX %:LA T TC an Illinois not - for -pros i1. corporation President - 3 - C�z r ARL ET r%d NUNN=, lie I 3.tz or 35Z aaq Ik 200, i4'k 301 Sew non 0 ie�i r -77, 0 '0 ar -0 El, 1199 j` r wo'l ��Y (D 614 W I VIP X , 220 21 :121 s7 Ot 1, 703, -3-;� M4� I't sq �AACC t�s Q f7 to 4A N"Ao" ry 4T k 4 IX 117 rX- f 0 Axr tuluuuos w �o awil ju alq!6 all! eje 0 ivawnoop si ) 'I�L 7 L41, 10 su(. )d 'Z LEGAL DESCRIPTION BRIARWOOD LAKES SUBDIVISION (STREETS) Lots B, C, E, F, G and H of the County Clerk, MacDonald R.W , Assessment Plat of Briarwc being a subdivision of parts of the West one -half of Section 26 and the East one -half of S Township 39 North, Range 11, East of the Third Principal Meridian, according to the pl recorded March 9, 1978, as Document No R78- 019539; and Lakes, ion 27, thereof Lots O, P, Q, R, S of the County Clerk, MacDonald R. W., Assessment Plat 2 of Briarwood Lakes Unit 2, being a subdivision of parts of the West one -half of Section 26 and the East one -half of Section 27, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded Mach 9, 1978, as Document No. R78- 019538. Lot PIN B C E F G H O P Q R S Common Address 06 -27- 407 -120 Vacant, Briarwood Central Oak Brook, IL 605 06 -27- 407 -122 Vacant, Briarwood Central Oak Brook, IL 605 06 -27- 407 -115 Vacant, Briarwood Circle Oak Brook, IL 605 06 -27- 407 -116 Vacant, Briarwood Lane Oak Brook, IL 605 06 -27- 407 -117 Vacant, Briarwood South Oak Brook, IL 605 06 -27- 407 -123 Vacant, Briarwood Central Extended Oak Brook, IL 605 06 -27- 203 -056 Vacant, Briarwood Central Oak Brook, IL 605 06 -27- 202 -118 Vacant, Briarwood Loop Oak Brook, IL 605 06 -27- 202 -116 Vacant, Briarwood North Oak Brook, IL 605 06 -27- 202 -117 Vacant, Briarwood Avenue Oak Brook, IL 605 06 -27- 203 -055 Vacant, Briarwood Pass Oak Brook, IL 605