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HomeMy WebLinkAboutRes 31-89 07/18/1989 ('"') caf/ RES!,')ThUTION .. NO. 31-89 A RESOLUTIùN AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND COLONY COUNTRY COMMUNITY 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 VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That a certain Agreement, together with a letter from the colony Country Condominium Association, have been submitted to the Village of Mount Prospect, pursuant to the provisions of section 11-209.1 of Chapter 95-1/2 of the Illinois Revised Statutes and section 8.507 of the Village Code of Mount Prospect, to request regulation and enforcement by the Police Department of the village of Mount Prospect of traffic restrictions on private roads located within the Colony country Condominiums development, in said Village, copies of which Agreement and correspondence are attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That, pursuant to Section 8.507 of the Village Code of Mount Prospect, a certified copy of this Ordinance shall be filed with the Cook County Recorder of Deeds. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: Arthur, Busse, Corcoran, Van Geem, ~!attenberg NAYS: None ABSENT: None PASSED and APPROVED this , R+-h day of .Tn' y , 1989. ~U Leo Floros -7 Village President, Pro tem ATTEST: .-fJJ ~ Carol A. Fields Village Clerk / AGREEMENT This Agreement made and entered into i)this .l8.ì.h- day of Tn' y , 1989, by and between Colony Country Community Associat10n, an Illinois not-for-profit corporation (hereinafter referred to as the "Association") and the Village of Mount Prospect, an Illinois municipal corporation (hereinafter referred to as the "Village"). WIT N E SSE T H: WHEREAS, the Association is ~~er of the private streets described on Exhibit A, at er 0 and incorporated herein by reference, which stree~~~ con ominium development commonly known as .Colony Count .~ niums which is located at 1455 Picadilly Circle in the. lage of Mount Prospect; and WHEREAS, in section 11-209.1 of Chapter 95-1/2 of the Illinois Revised Statutes (1987), 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 heretq as Exhibit B and incorporated herein by reference, with the v~Plage 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 agreements 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 incorporate herein 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 in Exhibit C on the private streets 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 in 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 Village Code of Mount Prospect. Page 2 of 2 SECTION FIVE: The parties agree that neither shall have any cause of action of any kind or character whosoever 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 construed to be in lieu of such statute or Ordinance. SECTION SEVEN: covenant. This Agreement may be modified or amended by mutual SECTION EIGHT: This Agreement shall continue in full force and effect for a period ending on December 31, 2009 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 effect 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 lR+-h day of ,T111y , 1989. ATTEST: ~A ~ ¡;}¿~ Village Clerk :::LA~ M Village presiden't:,!' COLONY COUNTRY COMMUNITY ASSOCIATION By: President ATTEST: Secretary