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HomeMy WebLinkAboutRes 56-08 11/18/2008 mla 11/13/08 RESOLUTION NO. 56-08 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RANDHURST SHOPPING CENTER LLC, FOR REGULATING PARKING OF MOTOR VEHICLES AND CONTROL OF MOTOR VEHICLE TRAFFIC AT THE RANHURST SHOPPING CENTER, MOUNT PROSPECT, ILLINOIS WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it would be in the best interests of the Village to regulate the parking of motor vehicles and the control of motor vehicle traffic at the Randhurst Shopping Center LLC ("Center"); and WHEREAS, it has been further determined that it would be in the best interest of all concerned that the Village of Mount Prospect enter into an Agreement with Randhurst Shopping Center LLC for the enforcement of parking and traffic regulations on the parking area of the "Center" by the law enforcement personnel of the Village of Mount Prospect; and WHEREAS, 625 ILCS 5/11-209 provides that such an Agreement maybe entered into by the corporate authorities of a municipality (Village of Mount Prospect) and the lawful owner or lessee of a shopping center (Randhurst Shopping Center LLC.) NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute the Agreement between the Village of Mount Prospect and Randhurst Shopping Center LLC for regulating the parking of motor vehicles and the control of motor vehicle traffic, a copy of which is attached and made a part of as Exhibit "A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Pol it, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 18th day of November, 2008. -r K~'// ~. ~ Irvatla K. Wilks . Mayor ATTEST: ~/ ~~ /7"7 " / . '-~-/' / /( /<' ~ ) K / . M. Lisa Angell Village Clerk C:\Documents and Settings\KDewis\Local ra nd h u rstparkingenforcementnov2008.doc Settings\Temporary Internet Files\OLK1\Auth agrmtVOMP AN A G R EE MEN T BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RANDHURST SHOPPING CENTER LLC, REGULATING PARKING OF MOTOR VEHICLES AND CONTROL OF MOTOR VEHICLE TRAFFIC AT THE RANDHURST SHOPPING CENTER IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, Randhurst Shopping Center LLC (hereinafter referred to as "OWNER") is the owner of the Randhurst Shopping Center, Mount Prospect, Illinois (hereinafter referred to as "CENTER"); and WHEREAS, OWNER and the Village of Mount Prospect, Cook County, Illinois, an Illinois municipal corporation (hereinafter referred to as the "VILLAGE), by and through their respective duly authorized agents andlor representatives, desire to enter into an agreement relative to the parking lot of the Center for the enforcement of parking and traffic regulations on the parking area of the CENTER by the law enforcement personnel of the VILLAGE (OWNER and VILLAGE are sometimes referred to as "PARTY" or "PARTIES); and WHEREAS, the CENTER is legally described in Exhibit A, which is attached hereto and incorporated herein, and located within the corporate limits of the VILLAGE; and WHEREAS, 625 ILCS 5/11-209 provides that such an Agreement may be entered into by the corporate authorities of a municipality and the lawful owner or lessee of a shopping center and the statutory authority enumerates those matters which may be properly included in such an agreement. NOW, THEREFORE, in consideration of the foregoing and the PARTIES' mutual understandings, promises, covenants and agreements as set forth below, the PARTIES agree as follows: 1. The VILLAGE shall enforce all posted parking and traffic regulations on the parking area ofthe CENTER and OWNER hereby consents to the issuance of parking and traffic citations for any and all violations thereof in the parking area. 2. The VILLAGE, by its Chief of Police or a legally designated representative, shall make an inspection of the parking area of the CENTER with the Manager of the CENTER, or a designated representative, to determine what, if any, additional parking and traffic signs or markings are necessary for the safe and efficient movement of traffic and the implementation of such other appropriate regulations. The inspection will not occur, however, until the redevelopment of the CENTER has occurred, both parties acknowledging that there has been for many years a prior agreement, similar to this one, and that the present signage and markings are adequate for the CENTER as it currently exists. 3. It is understood that OWNER shall bear the cost of installation of such additional signs and markings on the parking area of the CENTER as are determined to be required pursuant to this Agreement and lor the ordinances of the VILLAGE. The VILLAGE shall not install or contract for the installation of any such sign or markings or any other equipment or items of any nature. H:IRandhurstlPolicelRandhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL.DOC 4. The authorization contained under the terms of this Agreement shall be in addition to any other authority of the VILLAGE existing by reason of any other regulation of the State of Illinois and such additional authorizations shall not be construed to be in lieu of any such other regulation. 5. After the PARTIES approve this Agreement, it shall be in full force and effect pursuant to 625 ILCS 5/11-209 (three days after the recording of the Agreement with the Cook County Recorder of Deeds' Office), but in no event prior to September 6, 2008 (the "Effective Date"), and shall continue on a month-to-month basis unless and until it is cancelled by and upon thirty (30) days prior written notice by either PARTY to the other of its desire to cancel the Agreement, except this Agreement shall automatically terminate 20 years after the Effective Date, pursuant to 625 ILCS 5111-209. 6. As of the Effective Date, it shall be an offense for any person to violate or fail to comply with or fail to conform to any of the traffic and parking regulations contemplated under this Agreement. The VILLAGE shall have the authority, but not the duty to prosecute, in such manner as it sees fit, any and all violations of the posted regulations. Likewise, the VILLAGE shall be entitled to any and all proceeds that may be realized from fines or penalties on account of such enforcement. 7. Intentionally deleted. 8. Intentionally deleted. 9. follows: Whenever notice is required to be sent to the VILLAGE, it shall be addressed as Village Clerk Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056. with a copy to: Police Chief Mount Prospect Police Department 112 East Northwest Highway Mount Prospect, Illinois 60056 and whenever notice is required to be sent to the OWNER, it shall be addressed as follows: c/o Casto Lifestyle Properties Attn: Brett Hutchens 401 N. Cattlemen Road, Suite 108 Sarasota, Florida 34242 With a copy to: Randhurst Village Management Office 55 E. Euclid Avenue, Suite 450 H:IRandhurstlPolicelRandhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL.DOC Mount Prospect, Illinois 60056 All notices shall be sent by personal delivery or certified mail, return receipt requested, and shall be deemed given as of the date of the personal delivery or, if given by certified mail, three (3) days from the date of mailing. 10. The OWNER hereby warrants and covenants that it has the full power and authority to enter into this Agreement with the VILLAGE. 11. This Agreement constitutes the entire understanding between the VILLAGE and the OWNER with respect to the subject matter contained herein and supersedes any and all prior understandings and/or agreements between the PARTIES, whether written, oral, or otherwise. Any and all representations, agreements, promises, and/or understandings not expressly set forth herein are hereby null, void, and of no legal effect. 12. This Agreement may be modified or amended only by the mutual consent of the PARTIES. Any modification or amendment of this Agreement must be in writing, signed by the PARTIES, and duly executed. Any attempt to modify or amend this Agreement that fails to conform to the aforementioned requirements shall be null, void, and of no legal effect. 13. This Agreement may be executed in any number of counterparts, with each counterpart deemed to be an original. 14. The terms, conditions, and provisions of this Agreement shall be severable, and if any terms, condition, or provision is found to be unenforceable for any reason whatsoever, the remaining terms, conditions, and provisions shall remain in full force and effect. 15. This Agreement is entered into under, and shall be governed for all purposes by, the laws of the State of Illinois. For purposes of any litigation brought in regard to this Agreement, the PARTIES agree that such litigation shall only be brought in the Circuit Court of Cook County, Illinois, or the United States District Court located in Chicago, Illinois, and consent to the jurisdiction of said courts. 16. A fully executed copy of this Agreement shall be recorded by the VILLAGE with the Recorder of Deeds or registered with the Registrar of Titles, whichever is applicable, of Cook County, Illinois, as provided by Statute. [SIGNATURES ON FOLLOWING PAGE] H:IRandhurstlPolicelRandhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL.DOC m WITNESS WHEREOF, the PARTIES hereto have set their hands and seals this / 9 c day of4 V'c7f?/lJM1> , 2008. , VILLAGE OF MOUNT PROSPECT By: ~~#~ ./ Village President ATTEST: ~Cl~r7 ~ge Clerk ACKNOWLEDGMENT STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Irvana K. Wilks, personally known to me to be the Village President of the Village of Mount Prospect, and M. Lisa Angell, personally known to me to be the Village Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and City Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this lito\. day of lJc:x) . ,2008. Commission expires () d- \ d-u \ ocll ~~l Cl ~~ Notary Public . 'OFFICIAL SEAe KIMBERLY A. OEWIS Notary Public, State of Illinois Commission Expires 02/26/20~1 \ H:IRandhurstlPolicelRandhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL.DOC RAND HURST SHOPPING CENTER LLC, a Delaware limited liability company By: CLP/SPF Randhurst Trust, a Maryland investment trust, its sole member By: CLP/SPF Randhurst LLC, a Delaware limited liability company its sole member By: CLP Randhurst LLC, an Ohio limited liability company, its managing member By: Casto Lifestyle Properties L.P., an Ohio limited partnership, its managing member By: CLP Management LLC, an Ohio limited liability company, its managing partner By: r:<jit) ,)1 STATE OF FLORIDA ) ) SS COUNTY OF SARASOTA ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named 1. Brett Hutchens is personally known to me to be the President of CLP Management LLC, managing general partner of Casto Lifestyle Properties L.P., managing member of CLP Randhurst LLC, managing member of CLP/SPF Randhurst LLC, sole member of CLP/SPF Randhurst Trust, sole member of RAND HURST SHOPPING CENTER, LLC, and also personally known to me to be the same person whose name is subscribed to the foregoing instrument as such President, and that he appeared before me this day in person and acknowledged that as such President he signed and delivered the said instrument, pursuant to authority given by the limited liability company as his free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this / J 'f'k.- day of lJoIunb.e'-, 2008. Commission expires ""!/'~"" PATRICIA A. CODERRE /~ffi.. .:} Commission DO 786876 ;*1 .. Expires June 21, 2012 '~~ 'aon<tod ThN Troy Foin InSlJI1lIC9 800-385-7019 . " ~ar~c0 Q ~ Notary Public H:\Randhurst\Police\Randhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL. DOC Randhurst Parking and Traffic Enforcement Agreement Page 6 of7 EXHIBIT A Lee:al Description SHOPPING CENTER PARCEL 1: LOTS 1 AND 2 (EXCEPTING FROM SAID LOT ONE THAT PART TAKEN BY DEPARTMENT OF TRANSPORTATION STATE OF ILLINOIS IN CASE NO. 87L51078 AND ALSO EXCEPTING FROM SAID LOT ONE THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION PURSUANT TO THAT CERTAIN QUIT CLAIM DEED RECORDED SEPTEMBER 29, 1995 AS DOCUMENT NO. 95664230) IN RANDHURST CENTER RESUBDIVISION - NO.1, BEING A RESUBDIVISION OF LOT ONE IN RANDHURST CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SAID RANDHURST CENTER RESUBDIVISION - NO.1 RECORDED JULY 24, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCUMENT NO. 87408581 AND REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID COUNTY AS DOCUMENT NO. LR3637429. Lot 1 = 92.1 039 acres and Lot 2 = 4.0237 acres Totaling: 96.1276 OFFICE CENTER/BUILDING PARCEL 2: LOT 3 IN RANDHURST CENTER RESUBDIVISION - NO. 1, BEING A RESUBDIVISION OF LOT ONE IN RAND HURST CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SAID RANDHURST CENTER RESUBDIVISION - NO. 1 RECORDED JULY 24, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCUMENT NO. 87408581 AND REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID COUNTY AS DOCUMENT NO. LR3637429. Total acreage = 3.771 acres H:\Randhurst\Police\Randhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL.DOC Randhurst Parking and Traffic Enforcement Agreement Page 7 of7 WELL PARCEL PARCEL 3: NORTH 70 FEET OF THE WEST 70 FEET OF THE SOUTH 120 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Total acreage = .1125 acres H:IRandhurstlPolicelRandhurst and MP Traffic and Parking Enforcement Agreement - Randhurst FINAL.DOC