S-1190 - 04/10/2007 - TRAFFIC - Ordinances ORDINANCE 2007-TC-AG-EX1-S-1190
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR
ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR MOTOR
VEHICLES IN THE FOREST GATE SUBDIVISION IN THE VILLAGE OF OAK BROOK
WHEREAS, Forest Gate Circle is a certain private roadway located within the limits of the Village
of Oak Brook; and
WHEREAS, the Owners of Forest Gate Circle (hereinafter "Owners") have formed the Forest
Gate Homeowners Association (hereinafter"Association"); and
WHEREAS, it is the wish of the Owners and the Association to enter into an agreement with the
Village in order to empower the Village to enforce certain motor vehicular regulations on said private
roadway pursuant to the provisions of 625 ILCS 5/11-209, Illinois Compiled Statutes; and
WHEREAS, the Owners and the 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 Owners and the 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
Owners of Forest Gate Circle and the Forest Gate Homeowners Association as embodied in the
"AGREEMENT 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", 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.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of the conflict.
Section 4. This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 10th day of April, 2007.
Kevin Qui n ' 2..--4$ :;;.
Village Pr sident
Ordinance 2007-TC-AG-EX1-S-1190
Traffic Agrmt.with Forest Gate
Homeowners Assn. Page 2 of 2
PASSED THIS 10th day of April, 2007.
Ayes: Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf
Nays: None
Absent: None
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, oF 0,lir
%53. �^, ,41..° 4',9 ATTEST:
_,i,
I 4 Linda K. Gonnella, CMC ����
`a '-, .-1 .., �%.'� Village Clerk „„r cad-,0,,,,,---..zi,'ow,i, ,..„-
--„____,,,---
AGREEMENT 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 /c day of 2007, by and
between the Village of Oak Brook, a municipal corporation of the State of inois (hereinafter called the
'Village") and the Forest Gate Homeowners Association, Inc., an Illinois not-for-profit 501(C)3 corporation
(hereinafter called the"Association").
WITNESSETH :
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 5/209.1, 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:
1. 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 joint act and/or joint 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.
•
Forest Gate
Traffic Agreement
Page 3 of 4
VILLAGE OF OAK BROOK, a municipal
corporation of the State of Illinois,
OF Qq,f
Q, �M a!?,,„ BY:
� Kevin uinlan
Villa a President
"
:fry ATTEST:
Linda K. Gonnella, CMC
Village Clerk �"` ^�
u Y / o eEe
FOREST GATE HOMEOWNERS ASSOCIATION, INC.
BY: .. �� ,
Edward Squier esident
ATTEST:
ar.Gorden,, ecretary
CLe- 4111
Forest Gate
Traffic Agreement
Page 4 of 4
EXHIBIT A
LEGAL DESCRIPTION:
Forest Gate Subdivision, Oak Brook Illinois:
Forest Gate, a Subdivision in the Southwest Quarter of Section 26, Township 39 North,
Range 11 East of the 3rd 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
•
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook,DuPage and Cook Counties,Illinois.
I DO FURTHER CERTIFY that on April 10, 2007 , the corporate
authorities of the above municipality passed and approved
Ordinance 7007-TC-AG-FXl-S-1190 ,
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR
ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR MOTOR
VEHICLES IN THE FOREST GATE SUBDIVISION IN THE VILLAGE OF OAK BROOK
I DO FURTHER CERTIFY that the original document, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, ordinances and documents of the said Village of Oak Brook,
DuPage and Cook Counties, Illinois.
IN THE WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Oak Brook this 17th day of April , 20 07.
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,,, ¢y '.N�. �,;, Linda K. Gonnella, CMC
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Village of Oak Brook
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