HomeMy WebLinkAboutOrd 3493 01/15/1985 RDINANCE NO. 3493
AN ORDINANCE TO AUTHORIZE THE EXECUTION OF AN
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND COLONY COUNTRY COMMUNITY ASSOCIATION
AUTHORIZING THE REGULATION AND ENFORCF~ENT OF
TRAFFIC RESTRICTIONS WITHIN THE COLONY COUNTRY
CONDOMINIUMS
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 15th DAY OF January , 1985
Published in pamphlet form by
authority of the corporate
authorities in the Village of
Mount Prospect, Illinois the
31st day of January , 1985.
RDINANCE NO.
3493
AN ORDINANCE TO AUTHORIZE THE EXECUTION OF AN
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND COLONY COUNTRY CO~D[UNITY ASSOCIATION
AUTHORIZING THE REGULATION AND ENFORCEMENT OF
TRAFFIC RESTRICTIONS WITHIN THE COLONY COUNTRY
CONDOMINIUMS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
TILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: A certain Agreement together with a letter of
:he Colony Country Condominium Association have been submitted
.o this Village Board, pursuant to the provisions of Section
1-209.1 of Chapter 95% of the Illinois Revised StatuteS, to
'equest regulation and enforcement by the Police Department of
:he Village of traffic restrictions on private roads located
~ithin the Colony Country Condominiums development, in the
tillage of Mount Prospect, Illinois; copies of which Agreement
.nd Correspondence are attached hereto and made a part of this
)rdinance by reference.
SECTION 2: This subject Agreement is hereby approved and
he Village President and Village Clerk are herein authorized
execute the same on behalf of this Village and to see that
copy of said Agreement is recorded in the Office of the
ook County Recorder of Deeds.
SECTION 3: This Ordinance shall take effect upon its
assage, approval and publication in pamphlet form in
ccordance with law.
~SSED and APPROVED this ~ day of
January ,
lES: Arthur,
~YS: Nays
~SENT: None
Farley, Eloros,
Murauskis,
Van Geem, Wattenberg
AITEST:
VILLAGE CLERK
GREEMENT
This Agreement made and entered into this 15th day
of January , 1985, by and between Colony Country
Community Association, an Illinois not-for-profit corporation
(hereinafter referred to as the "Association") and the Village
of Mount Prospect, an Illinois municipal corporation (herein-
after referred to as the "Village").
W I TNE S S ET H:
WHEREAS, the Association is the owner of the private
streets described on Exhibit A, attached hereto and incorporated
herein by reference, which streets serve a condominium
development commonly known as Colony Country Condominiums
which is located at 1455 Picadilly Circle in the Village of
Mount Prospect; and
WHEREAS, in Section 11-209.1 of Chapter 95½ of the
Illinois Revised Statutes (1983), authorizes the Village to
enter into agreements to regulate and enforce traffic restrictions
on private streets upon written request of the Board of Directors
of such condominium association; and
WHEREAS, the Board of Directors of the Association has
filed a written request, a copy of which is attached hereto as
Exhibit B and incorporated herein by reference, with the Village
of Mount Prospect asking the Village to regulate and enforce
specified traffic restrictions on the private streets, described
in Exhibit A, within the Colony Country Condominium development
pursuant to the provisions of this Agreement; 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 Colony Country Condominium development for
the Village to regulate and enforce traffic restrictions on the
private streets, described in Exhibit A, within the Colony
Country Condominium development.
NOW, THEREFORE, for and in consideration of the mutual
greements hereinafter set forth, the parties hereto agree as
follows:
SECTION ONE: The Association hereby authorizes the Village
to establish and the Village does hereby establish the traffic
and parking regulations set forth on Exhibit C attached hereto
and incorporated here by reference, on the private streets
described in Exhibit A and designated on Exhibit C within the
Colony Country Condominium project.
SECTION TWO: The Association hereby authorizes the Village
to enforce and the Village hereby agrees to enforce the traffic
and parking regulations set forth on Exhibit C on the private
street so designated within the Colony Country Condominium project
subject to the provisions of SECTION THREE hereinafter.
SECTION THREE: The Association, at its sole cost and expense,
shall 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 in connection with the
regulations on traffic and parking set forth on Exhibit C hereto.
SECTION FOUR: The parties agree that the Village of
Mount Prospect Police Department may issue traffic and parking
tickets for violations of the regulations set forth in Exhibit C
and that penalties for violations of such regulations shall be
the same as for like traffic and parking violations under the
Municipal Code of the Village of Mount Prospect.
SECTION FIVE: The parties agree that neither shall have
any cause of action of any kind or character 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 authorization shall not be
onstrued to be in
SECTION SEVEN:
by mutual consent.
SECTION EIGHT:
lieu of such statute or ordinance.
This Agreement may be modified or amended
This Agreement shall continue in full force
and effect for a period ending on December 31, 1989 or until
sooner terminated by either the Village or the Colony Country
Community Association upon ninety (90) days prior written notice
to the other party. Notices shall be by certified or registered
mail, return receipt requested, marked postage prepaid to the
principal office of the other party.
SECTION NINE: If any provision of this Agreement, or the
application of any provisions to any person or circumstance is
held invalid, the invalidity of that provision or circumstance
shall not affect the other provisions of this Agreement, in the
application of that provision to persons or circumstances other
than those as to which it is held to be invalid.
SECTION TEN: A fully executed copy of this Agreement shall
be recorded by the Association 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 (3) days after this
Agreement is so recorded.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals this day of , 1985.
ATTEST:
VILLAGE OF MOUNT PROSPECT
President
COLONY COUNTRY COMMUNITY ASSOCIATION
By:
President
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EXHIBIT A
Those private streets located within the Colony
Country Condominium development:
Bridgeport Drive
Brighton Place
Coventry Place
Dover Place
Fairmont Place
Hanover Place
Manshire Place
Parliament Place
Picadilly Circle
Raleigh Place
Thackery Place
wimbolton Drive
Yarmouth Place