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Home My WebLink AboutRes 06-75 02/19/1975 r f~ . . ~ ,! '" RESOLUTION NO. 6-75 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE REGULATION OF TRAFFIC AND PARKING FOR CERTAIN AREAS OF "HUNTINGTON COMMONS" WHEREAS t Section 6 (a) of Article VII of the 1970 Constitution of the State of Illinois provides that "any municipality which has a population of more than 25 tOOO (is) a Home Rule Unit" and the Village of Mount Prospect t Cook County t Illinois t with a population in excess of 25,000 is, therefore, a Home Rule Unit and may, under the power granted by said Section 6 (a) of Article VII exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, pursuant to such authority, the Mayor and Board of Trustees of the Vil- lage of Mount Prospect have heretofore passed and approved Ordinance No. 2534 on November 5,1974, adding Section 8.509 to the Mount Prospect Municipal Code, which Section provides that the President and Board of Trustees of the Village of Mount Prospect shall have the power to contract with the owners of record of drive- ways and parking areas located upon, within, and/or through Planned Unit Develop ments lying within the corporate limits of the Village of Mount Prospect to regulate traffic and parking and enforce such regulations upon the said driveways and park ing areas located upon, within, and/or through such Planned Unit Developments; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect believe it to be in the best interests of the Village of Mount Prospect that such an agreement be made with the owners of that certain Planned Unit Development commonly known as "Huntington Commons" . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Village Clerk be authorized to sign and attest that contract attached hereto and hereby made a part hereof as Exhibit I t for the re- gulation of traffic and parking upon Huntington Commons Road, Hunt Club Drive t Mallard Lane, Quail Walk, Partridge Lane, and Dove Court t and certain parking areas of that Planned Unit Development commonly known as "Huntington Commons" . SECTION TWO: That this Resolution shall be in full force and effect from and after its passage, approval t and publication in the manner provided by law. AYES: 5 NAYS: 0 PASSED and APPROVED this 19th day of February, 1975. ~y7 " .;;7 /'....." ,~;. t' , ATTEST: ,~:: . , Jt. L:r ~4/ . Vi lage Clerk ./ ~\ .,~ ~, .' AGREEMENT WHEREAS, HUNTINGTON COMMONS ASSOCIATION, an Illinois not-for-profit corporation, hereinafter referred to as "OWNER", is the owner of the common areas utilized for parking as well as driveways known as Hunt Club Drive, and Huntington Commons Road within that Planned Unit Development commonly known as IIHuntington Commons", hereinafter referred to as "HUNTINGTON" and legally described as follows: Kenroy's Elmhurst-Dempster Subdivision, being a subdivision of part of the East 1/2 of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; and WHEREAS, HUNTINGTON comprises a total area in excess of twenty- five (25) acres, all of which area lies wholely and totally within the corporate limits of the Village of Mount Prospect, hereinafter referred to as "VILLAGE"; and WHEREAS, the OWNER desires to utilize the services of the VILLAGE for the purposes of regulating traffic and parking and enforcing same within HUNTINGTON; and WHEREAS, Section 8.509 of the Municipal Code of Mount Prospect provides for such agreement between the corporate authorities of the Village of Mount Prospect and the owner of record of driveways and parking areas located upon, within, and/or through Planned Unit Developments; and WHEREAS, the OWNER considers it to be in its best interest to enter into an agreement with the VILLAGE to regulate traffic and parking and to enforce certain traffic and parking regulations within HUNTINGTON; and WHEREAS, the Mayor and Board of Trustees of the VILLAGE believe it to be in the best interests of the citizens of the VILLAGE that traffic regulations, parking regulations, and enforcement of such regulations be extended to include the area described hereinbelow ~ ~. I~\ '!;, .- within HUNTINGTON: NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE OWNER AND THE VILLAGE AS FOLLOWS: 1. The VILLAGE, acting through its traffic engineer and Chief of Police shall make an inspection of the parking areas and driveways with the OWNER or its legally designated represenatative, which inspection shall be for the purpose of determining what traffic regulations are necessary for the safe and efficient movement of traffic and to plan for the implementation of such regulations which may hereafter be promulgated by the VILLAGE through the passage and approval of ordinances regulating same; thereafter, the parties will make a determination as to what traffic signs and/or markings are necessary for the safe and effitient movement of traffic and to advise citizens as to what said regulations may be. At the outset, the VILLAGE will pass such ordinances and post such signs as shall be necessary to effect the recommendations and proposals attached hereto and hereby made a part hereof as Exhibit A. 2. The OWNER shall bear the costs of installing such signs and markings as are determined, pursuant to the terms of paragraph I hereinabove, as being necessary for the promulgation of the ordinances. Said signs shall conform in color and configuration to the design of standard traffic signs. The parties further agree that the OWNER shall not be required to make any changes in driveway design or location of driveways, the points of access to driveways, or to make any improvements or changes in such driveways or parking areas except as the OWNER, in its sole discretion, may determine. 3. The VILLAGE agrees to enforce all such posted traffic and parking regulations on all of the parking areas located within -2- 'f~ I~ .. HUNTINGTON as well as within and upon those driveways commonly known as "Hunt Club Drive", "Huntington Commons Road", "Quail Walk", "Partridge Lane", "Mallard Lanelt and "Dove Court", and the OWNER hereby consents to the issuance of traffic citations in the standard form usually issued by the VILLAGE for any and all violations hereof. 4. The authorization contained under the terms of this agree- ment shall be in addition to any other authority of the VILLAGE existing by reason of any other Statute of the State of Illinois and such additonal authorizations shall not be construed to be in lieu of any such other Statute. 5. This agreement shall continue ln full force and effect for a period of five (5) years from the date of its execution and there- after said agreement shall be automatically renewed for aJditional five (5) year periods; provided, however, 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. 6. A fully executed copy of this agreement shall he recorded in the office of the Recorder of Deeds of the County of Cook, as provided by law. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 1975. VILLAGE OF MOUNT PROSPECT ATTEST: ~~ BY:~' " '__/' -Mayor BY: ~~~~ illage Clerk ?7 HUNTINGTON COMMONS ASSOCIATION BY:~ '/#ffS / WI THIS INSTRUMENT WAS PREPARED BY: John J. Zimmermann Village Attorney 112 E. Northwest Highway Mount Prospect, Illinois 60056 ~, !~ . 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