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S-1190 - 04/10/2007 - TRAFFIC - Ordinances Supporting Documents (3) I'T'EM 1 O.B.2) O OA, t '!„ + O Q• OOUNrh AGENDA ITEM Regular Board of Trustees Meeting of April 10, 2007 SUBJECT: Forest Gate Homeowners Association Traffic Enforcement Agreement FROM: Jeffrey Moline, Acting Village Man. f' / BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Ordinance S-1190 Authorizing Execution of an Agreement for Enforcement of Certain Traffic Regulations for Motor Vehicles within the Forest Gate Subdivision in the Village of Oak Brook. Background/History: In late 2006, Jack Pine of the Forest Gate Homeowners Association approached the Village to determine if the Village would enter into an agreement to enforce traffic regulations within the Forest Gate Subdivision. Management and Police Staff met with Mr. Pine to review the request and explain the structure and manner in which the Village has entered into these agreements in other private subdivisions and the extent to which the Village can enforce regulations (similar agreements exist in Briarwood Lakes, Midwest Club, and on Oak Brook Hills Road). The attached agreement was drafted by staff based on other HOA and Village agreements,has been reviewed by the Village Attorney's Office, and incorporates the major tenets of the meetings between the Village and Forest Gate. Forest Gate Subdivision has approved the agreement and has provided the necessary insurance requirements to the Village. A representative from Forest Gate will be available at the Board meeting if there are any questions of the Association. Recommendation: Staff recommends the Village Board approve the Ordinance approving the agreement between the Village of Oak Brook and the Forest Gate Homeowners Association for Traffic Enforcement by the Oak Brook Police Department. Last saved by administrator J:\My Documents\ASSISTANT MANAGER FILES\WORDDOC\GENERAL\Forest Gate HOA IGA.mm040307.doc Last printed 4/3/2007 1:55 PM 6,0 . FRED BUCHOLZ DUPAGE COUNTY RECORDER APR.19,2007 3:38 PM OTHER 06—26—301—016 008 PAGES R2007- 073234 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2007-TC-AG-EXI-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 1/Q,. Property Address/es COMMON AREAS & ROADWAYS/FOREST GATE CIRCLE AND (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) 81 FOREST GATE CIRCLE, OAK BROOK, IL 60523 Pin Number/s 06-26-301-016; 06-26-301-017; 06-26-301-018 Name &Address of Applicant: FOREST GATE HOMEOWNERS ASSOCIATION 81 FOREST GATE CIRCLE, OAK BROOK, IL 60523 Name & Address of Responsible FOREST GATE HOMEOWNERS ASSOCIATION/PRESIDENT Party to Receive Copy of 81 FOREST GATE CIRCLE Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account# to be Charged: 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 Quin zn Village Pr-sident 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 �O day of 42i 2007, by and between the Village of Oak Brook, a municipal corporation of the State orlllinois (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 �t. OF O4,y. VILLAGE OF OAK BROOK, a municipal �V. 4je'+ ` 4940 corporation of the State of Illinois, 4 0149'4 o Kevin Quinlan ' q�, :, ��� Village Preside �o01114I .� ATTEST: . 0,1'Ia-%C'sc--A Linda K. Gonnella, CMC 4 _orgy i Village Clerk ' , 1 Cet&t. �u Q' FOREST GATE HOMEOWNERS ASSOCIATION, INC. BY: Edward Squi President ATTE T: / 1Ci--6(2-N--. usan Gorden, Secretary 5L ZA WC 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 3`d 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 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 it;4c' r ► , 44'41 ATTEST: ,c, i! rp,„,„ Go ,e,,a 2A/e.iinie/jyli +: t, �� Linda K. Gonnella, CMC /) g -7 `ais `ii -::... , = \ Village Clerk n .... / edit_ =,--:-........._ .__,_....„...,-_--- . GE of 0 . 0- aZD 1'1� Wes■ CF. '' - \\, C00NTy • Village of Oak Brook May 18, 2007 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Forest Gate Homeowners Association Administration Attention: President 630.368.5000 FAX 630.368.5045 81 Forest Gate Circle Oak Brook, IL 60523 Community Development 630.368.5101 Re: Reco rded R R Document on April 19, 2007 FAX 630.368.5128 ORDINANCE 2007-TC-AG-EX1-S-1190/R2007-073234 Vacant/Common Areas & Roadways Forest Gate Circle & Engineering 81 Forest Gate Circle Department 630.368.5130 Oak Brook, IL 60523 FAX 630.368.5128 Dear Sir: Fire Department 630.368.5200 FAX 630.368.5250 A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your Police Department files. 630.368.8700 FAX 630.368.8739 If you need any further assistance in this matter, feel free to contact me at 630- Public Works 368-5056 on Monday through Friday from 9am to 5pm. Department 630.368.5270 FAX 630.368.5295 Sincerely, Oak Brookes- Public Library Linda M. Andrys 600 Oak Brook Road Oak Brook,IL 60523-2200 Records Management Clerk 630.368.7700 FAX 630.368.7704 /lma Oak Brook Sports Core Enclosure Bath&Tennis Club 700 Oak Brook Road cc: Dale L. Durfey, Jr., Village Engineer Oak Brook,IL 60523-4600 Robert L. Kallien, Jr., Director of Community Development 630.368.6420 FAX 630.368.6439 Official Files ✓ ORD Golf Club /RECDOC/2007-RECLTR-ORD 2007-TC-AG-EXI-S-1190-FOREST GATE HOMEOWNERS ASSSOC-81 FOREST GATE CIR 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/22/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLLINGER SERVICES HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 220 S Lively Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Elk Grove Village, IL 60007 (847)437-2184 INSURERS AFFORDING COVERAGE NAIC# INSURED FOREST GATE HOA INSURER A: Nationwide Insurance Company INSURER B: INSURER C: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER DATE(MWDD�E DATE(MMDD/YY))N LIMITS LTR NSRD TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 — uaM,GE 10 RtrtTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ 50,000 I CLAIMS MADE I X I OCCUR MED EXP(Anyoneperson) $ 5.000 A 91 BP 162933 8/31/06 8/31/07 PERSONAL&ADVINJURY $ 2,000,000 — GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 -j POUCY I—]JECT I ]LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 ANYAUTO — ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A ,X HIRED AUTOS 91 BA 162933 8/31/06 8/31/07 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ —IANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ IOCCUR I-I CLAIMS MADE AGGREGATE $ $ —I DEDUCTIBLE $ RETENTION $ _ $ WORKERS COMPENSATION AND I TORY LIM S I IOER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describeunder SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIALPROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED EFFECTIVE 3/22/07 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION VILLAGE OF OAK BROOK DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 1200 OAK BROOK RD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL OAK BROOK, IL 60523 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ACORD25(2001/08) ©ACORD CORPORATION 1988