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HomeMy WebLinkAboutRes 09-80 03/04/1980 r\ ~ RESOLUTION NO. 9-80 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN HUNTINGTON TOWERS AND THE VILLAGE OF MOUNT PROSPECT WHEREAS t DAVID L. P ATTIS REAL ESTATE INCORPORATED, Manager of the housing development for senior citizens t known as Huntington Towers, located on real estate legally described on Exhibit "AT! hereto, has petitioned the VILLAGE OF MOUNT PROSPECT, Cook County t Illinois t a municipal corporation t to regulate and enforce parking for handicapped persons in the parking lot located on the subject property; and I WHEREAS t the President and Board of Trustees of the Village of Mount Prospect find that it would be in the best interest of the Village and the residents of the subj ect property to regulate and enforce handicapped parking regulations for parking spaces indicated on Exhibit T!B" hereto as provided in the Agreement attached hereto and hereby made a part hereof as Exhibit "1" NOW, THEREFORE t BE IT RESOLVEr> BY THE. 1\fþ.YOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY t ILLINOIS: SECTION ONE: That the Mayor of the Village of Mount Prospect be and she is hereby authorized to sign and the Village Clerk of the Village of Mount Prospect bë~ and she is hereby authorized to attest her signature on said Agreement. SECTION TWO: That said Agreement shall be recorded by the Manager of Huntington Towers in the Office of the Recorder of Deeds of Cook County t Illinois, and that following such recordation t said Agreement shall be in effect for a period of five (5) years, as set forth in the Agreement. I SECTION THREE: That this Resolution shall be in full force and effect from e..nd after its passage and approval in the manner provided by law. I PASSED this 4th. I AYES: Farley> Floros, Miller, Wattenberg I NAYS: None II ABSENT: Murauskis, Richardson I APPROVED this day of March , 1980. 4th. day of March t 1980. > '- ATTEST: ~ ./ ~Æ#¿eY~ Village Clerk Cu+, ¡/ ,~ Mayor I' r-'\ ~î 3/4/80 AGREEMENT This Agreement made and entered into this ~ day of~ , 1980 by and between David L. Pattis Real Estate Incorporated t an Illinois corporation (hereinafter referred to as the "Manager") and the Village of Mount Prospectt an Illinois municipal corporation (hereinafter referred to as the "Village") . WITNESSETH: WHEREAS, the American National Bank, as Trustee under Trust No. 75864 is owner of a parcel of real estate legally described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as the "Subject Property") and the building located thereon which is commonly known as the Huntington Towers Apartment building for senior citizens which is located at 551 Huntinton Commons Road and 571 Huntington Commons Road in the Village of Mount Prospect; and WHEREAS, the Manager has been authorized by the owner of the Huntington Towers Apartment to manage and control the premises thereof and in connection therewith t to execute this Agreement; and WHEREAS, the Manager has requested the Village to regulate and enforce parking for handicapped persons in the parking lot located on the Subject Property; and WHEREAS, the Illinois Vehicle Code in Section 11-209, Ill. ~~, 1977 as amended, Ch. 95! Section 11-209, authorizes the Village to enter into agreements to regulate parking for the handicapped in apartment complexes; and WHEREAS t the President and Board of Trustees of the Village find that it would be in the best interest of the Village and the residents of the Subject Property for the Village to regulate and enforce handicapped parking regulations for the Subject Property as provided in this Agreement. NOW, THEREFORE t for and in consideration of the mutual Agreements ,I.. n - 2 - 3/4/80 hereinafter set forth t the parties hereto agree as follows: SECTION ONE: The Manager hereby authorizes the Village to enforce the handicapped parking restrictions set forth in SECTION THREE hereinafter for each parking space on the Subject Property indicated on Exhibit B which is attached hereto and incorporated herein by this reference t provided each such parking space is posted with a sign indicated such parking space is reserved for handicapped parking. SECTION TWO: The Manager shall t at its sole cost and expense t erect or cause to be erected any and all signs and make or cause to be made any and all markings required by the Chief of Police of the Village of Mount Prospect to designate the parking spaces on the Subject Property reserved for handicapped parking which are shown on Exhibit B hereto. SECTION THREE: The parties agree that is shall be unlawful for any person to park a motor vehicle in a parking space on the Subject Property which is posted with a sign designating such parking space for use by the handicapped unless such motor vehicle bears registration plates issued to a physically handicapped person pursuant to Sections 3-616 or 3-609 of the Illinois Vehicle Codet Ill. ~~, 1977 t Ch. 95! Sections 3-616 and 3-609t or such motor vehicle bears such other device or devices that the Chief of Police of the Village of Mount Prospect deems as proper evidence that such motor vehicle is operated by or for a handicapped person. SECTION FOUR: The parties agree that the Village of Mount Prospect Police Department may issue parking tickets for violations of the handicapped parking restrictions established herein for which a mandatory fee of Five Dollar ($5.00) plus any additional amounts which may occur for late payment under the Traffic Code of the Municipal Code of the Village of Mount Prospect, ,. f'\ " 1\ J - 3 - 3/4/80 may be imposed upon those convicted of such violations. SECTION FIVE: The parties agree that neither of them shall have any cause of action of any kind or type whatsoever against the other or for any type of relief against the other for any breach of this Agreement. SECTION SIX: The authorizations contained under the terms of this Agreement shall be in addition to any other authority of the Village of Mount Prospect existing by reason of any other statute of the State of Illinois or Ordinance of the Village of Mount Prospect and such additional authorizations shall not be construed to be in lieu of such Statute or Ordinance. SECTION SEVEN: This Agreement shall continue in full force and effect for a period commencing as provided in SECTION EIGHT hereinafter and may be renewed for additional periods of like duration; provided, however t that either party may cancel this Agreement at any time during the initial or any renewal period upon ten (10) days' prior written notice to the other, which notice of cancellation shall be recorded in the same manner as this Agreement. SECTION EIGH'[: A fully executed copy of this Agreement shall be recorded by the Manager in the Office of the Recorder of Deeds of the County of Cook, as provided by statute and none of the regulations made pursuant to this Agreement shall be effective or enforceable until three days after this Agreement is so recorded. IN WITNESS WHEREOF the parties hereto have set their hands and ,~~thisU dayof~., 1980. . . VILLAGE OF MOUNT PROSPECT I!y:.-~.~..4~ - . .-. . Village Pr sideÌ1t l ;tQ$ ~ Villàge Clerk DAVID L. PATTIS REAL ESTATE INCORPORATED, as agent' for American National Bank, as Trustee und~ N...o. . 75~6~ By: ~ ~ ATTEST: Age~ i ~~ n 3/4/80 ~ AGREEMENT This Agreement made and entered into this day of t 1980 by and between David L. Pattis Real Estate Incorporated, an Illinois corporation (hereinafter referred to as the "Manager") and the Village of Mount Prospect, an Illinois municipal corporation (hereinafter referred to as the "Village"). WITNESSETH: WHEREAS t the American National Bank, as Trustee under Trust No. is owner of a parcel of real estate legally described on Exhibit A attached hereto and incorporateq herein by this reference (hereinafter referred to as the "Subject Property") and the building located thereon which is commonly known as the Huntington Towers Apartment building for senior citizens which is located at 551 Huntinton Commons Road and 571 Huntington Commons Road in the Village of Mount Prospect; and WHEREAS t the Manager has been authorized by the owner of the Huntington Towers Apartment to manage and control the premises thereof and in connection therewith, to execute this Agreement; and WHEREAS, the Manager has requested the Village to regulate and enforce parking for handicapped persons in the parking lot located on the Subject Property; and WHEREAS, the Illinois Vehicle Code in Section 11-209 t Ill. Rev. Stat. , 1977 as amended, Ch. 95i Section 11-209, authorizes the Village to enter into agreements to regulate parking for the handicapped in apartment complexes; and WHEREAS, the President and Board of Trustees of the Village find that it would be in the best interest of the Village and the residents of the Subject Property for the Village to regulate and enforce handicapped parking regulations for the Subject Property as provided in this Agreement. NOW t THEREFORE, for and in consideration of the mutual Agreements r.~\ - 2 - n 3/4/80 hereinafter set forth, the parties hereto agree as follows: SECTION ONE: The Manager hereby authorizes the Village to enforce the handicapped parking restrictions set forth in SECTION THREE hereinafter for each parking space on the Subject Property indicated on Exhibit B which is attached hereto and incorporated herein by this reference, provided each such parking space is posted with a sign indicated such parking space is reserved for handicapped parking. SECTION TWO: The Manager shall, at its sole cost and expense t erect or cause to be erected any and all signs and make or cause to be made any and all markings required by the Chief of Police of the Village of Mount Prospect to designate the parking spaces on the Subject Property reserved for handicapped parking which are shown on Exhibit B hereto. SECTION THREE: The parties agree that is shall be unlawful for any person to park a motor vehicle in a parking space on the Subject Property which is posted with a sign designating such parking space for use by the handicapped unless such motor vehicle bears registration plates issued to a physically handicapped person pursuant to Sections 3-616 or 3-609 of the Illinois Vehicle Code, Ill. Rev. Stat., 1977 t Ch. 95! Sections 3-616 and 3-609, or such motor vehicle bears such other device or devices that the Chief of Police of the Village of Mount Prospect deems as proper evidence that such motor vehicle is operated by or for a handicapped person. SECTION FOUR: The parties agree that the Village of Mount Prospect Police Department may issue parking tickets for violations of the handicapped parking restrictions established herein for which a mandatory fee of Five Dollar ($5.00) plus any additional amounts which may occur for late payment under the Traffic Code of the Municipal Code of the Village of Mount Prospect, ~\ ./ ~ 3 - 3/4/80 may be imposed upon those convicted of such violations. SECTION FIVE: The parties agree that neither of them shall have any cause of action of any kind or type whatsoever against the other or for any type of relief against the other for any breach of this Agreement. SECTION SIX: The authorizations contained under the terms of this Agreement shall be in addition to any other authority of the Village of Mount Prospect existing by reason of any other statute of the State of Illinois or Ordinance of the Village of Mount Prospect and such additional authorizations shall not be construed to be in lieu of such Statute or Ordinance. SECTION SEVEN: This Agreement shall continue in full force and effect for a period commencing as provided in SECTION EIGHT hereinafter and may be renewed for additional periods of like duration; provided, however t that either party may cancel this Agreement at any time during the initial or any renewal period upon ten (10) days' prior written notice to the other t which notice of cancellation shall be recorded in the same manner as this Agreement. , SECTION EIGHT: A fully executed copy of this Agreement shall be recorded by the Manager in the Office of the Recorder of Deeds of the County of Cook. as provided by statute and none of the regulations made pursuant to this Agreement shall be effective or enforceable until three days after this Agreement is so recorded. IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of . 1980. VILLAGE OF MOUNT PROSPECT By: ~~ /J ):/~,r Village resident 7~¿y~ Village Clerk DAVID L. PATTIS REAL ESTATE INCORPORATED, as agent for American National Bank, as Trustee under Trust No. 75864 By: Agent ATTEST: "L__--