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HomeMy WebLinkAbout5.5 Resolution Authorizing Execution of an Agreement Between the Village and Colony Country Community Association7/18/2017 Board Docs® Pro IN Agenda Item Details Meeting Jul 18, 2017 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.5 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE COLONY COUNTRY COMMUNITY ASSOCIATION FOR THE REGULATION AND ENFORCEMENT OF TRAFFIC REGULATIONS Type Action (Consent) Preferred Date Jul 18, 2017 Absolute Date Jul 18, 2017 Fiscal Impact No Budgeted No Recommended Adopt an agreement between the Village of Mount Prospect and the Colony Country Community Action Association authorizing the Mount Prospect Police Department to enforce traffic laws on property and private roads controlled by the Association. Information The Illinois Vehicle Code authorizes and empowers municipalities to enter into agreements to regulate and enforce traffic and parking regulations on private streets (625 ILCS 5/11-209). The Village of Mount Prospect has historically entered into agreements with home owners associations, retail property management companies, and school districts to authorize the Mount Prospect Police Department to enforce traffic laws on the private property controlled by those entities. The agreements are adopted with the goal of increasing traffic safety and compliance on large portions of property containing private roadways. Examples have included the Randhurst property and the Colony Country Community Association. The Village originally entered into an agreement with the Colony Country Community Association in January 1985 with a sunset clause for 1989 unless the Association requested the continuation of the agreement. The Colony Country Community Association renewed the agreement in 1989 with a twenty-year term. In 2009, the Association did not come forward to renew the agreement and the Mount Prospect Police Department ceased conducting traffic enforcement activity on the property. In 2016, the Colony Country Community Association engaged the Police Department in discussion to resume traffic enforcement on property under its authority and control. Staff, in collaboration with the Association representatives, Association legal counsel, and Village corporate counsel, drafted an agreement to permit the Mount Prospect Police Department to resume traffic enforcement activity. Staff is requesting the Village Board adopt an agreement between the Village and the Colony Country Community Association to authorize the Mount Prospect Police Department to conduct traffic enforcement activity on private roads owned and controlled by the Association. Alternatives 1. Adopt an agreement between the Village of Mount Prospect and the Colony Country Community Association. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends adoption of an agreement between the Village of Mount Prospect and the Colony Country Community Association authorizing the Mount Prospect Police Department to enforce traffic laws on property controlled by the Association. http://www.boarddocs.com/il/vomp/Board.nsf/Public 1/2 7/18/2017 Board Docs® Pro Colony Country Community Association Agreement.pdf (280 KB) CCC res.pdf (14 KB) All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. http://www.boarddocs.com/il/vomp/Board.nsf/Public 2/2 :OLONY COUNTRY COMMUNITY ASSOCIATION January 31, 2017 1455 PICADILLY CIR. MT. PROSPECT, IL 60056 Community Police Presence Request Timothy Griffin, Deputy Chief of Administration M.P.P.D. 112 E. NW Hwy. Mt. Prospect, IL 60056 Dear Tim, Please accept this as an official notice, as required by the statute, to allow your department to enter into any agreement. The Colony Country Community Association is interested in entering into an agreement with the Village of Mt. Prospect and the MPPD to conduct routine parking and traffic enforcement within the Colony Country community. In addition, please update your records to reflect the following changes to the Association's Property Management and the current Board President: Erovertv Mana9err: Maria Cardenas Hillcrest Property Management 55 W. 22nd Street, Suite# 310 Lombard, IL 60148 mcardenas@hillcrestmgmt.com Current Board President Brian Lynch 1400 N. Yarmouth PI. #209 Mt. Prospect, IL 60056 bplcollege@aol.com -Thank you for your cooperation! Brian Lynch, President CCCA AGREEMENT TO ALLOW REGULATION OF MOTOR VEHICLE TRAFFIC THIS AGREEMENT AUTHORIZING THE REGULATION AND ENFORCEMENT OF TRAFFIC REGULATIONS (the "Agreement") is made and entered into by and between the Village of Mount Prospect, Cook County, Illinois (the "Village"), an Illinois municipal corporation, and the Colony Country Community Association, an Illinois not- for-profit corporation (the "CCCA") (collectively "Parties"), by and through their respective duly authorized agents and/or representatives. WITNESSETH WHEREAS, the CCCA is the owner of the private streets which serve a condominium and residential development (the "CCCA Development") which is located at 1455 Picadilly Circle in the Village of Mount Prospect; and WHEREAS, Section 11-209 of the Illinois Vehicle Code, 625 ILCS 5/11-209, authorizes and empowers municipalities to enter into agreements to regulate and enforce traffic and parking regulations on private streets, inter alia, in condominium complexes located within the corporate limits of the municipality; and WHEREAS, the streets owned by the CCCA are located within the corporate limits of the Village; and WHEREAS, the Board of Directors of the Association has requested that the Village regulate and enforce specified traffic regulations on all the private streets within the CCCA 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 CCCA Development for the Village to regulate and enforce traffic regulations on all the private streets in the development. NOW, THEREFORE, for and in consideration of the parties' mutual agreements hereinafter set forth, the Parties hereto agree as follows: SECTION 1: The CCCA hereby authorizes the Village to enforce on all the private streets located within the CCCA Development, the following posted traffic and parking regulations: stop signs, no parking at any time, 15 miles per hour speed limit and handicapped parking. In addition, the Village is authorized to enforce related Village Code provisions except those pertaining to overnight parking, snowfall parking and parking where fire hydrants are located in parking bay areas. SECTION 2: The CCCA hereby authorizes the Village to enforce and the Village hereby agrees to enforce the traffic and parking regulations set forth in Section 1 on all the private streets within the CCCA Development subject to the provisions of Section 4 hereinafter. SECTION 3: 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. SECTION 4: The CCCA, 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 (or a legally designated representative) in connection with the regulations on traffic and parking set forth in Section 1, above. SECTION 5: The Parties agree that the Village Police Department may issue traffic and parking tickets for violations of the regulations set forth in Section 1 and that the 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 6: After the Parties execute and deliver this Agreement, it shall be in full force and effect pursuant to 625 ILCS 5/11-209 three (3) days after the recording of the Agreement by the Association with the Cook County Recorder of Deeds' Office. SECTION 7: The Agreement shall run for a one-year term that shall be automatically renewed for additional one-year terms unless either party cancels the Agreement upon ninety (90) days written notice to the other party. If the Agreement is not terminated by either party, it shall automatically terminate twenty (20) years following the date of execution by both Parties (the "Effective Date"). SECTION 8: 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 regulations set forth in Section 1. The Village shall be entitled to any and all proceeds that may be realized from fines or penalties on account of its authorized enforcement activities. SECTION 9: 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 10: The CCCA shall indemnify and hold harmless the Village, and its officers, appointed and elected officials, present and past Trustees, of any and all claims for damages of any kind which may arise, either directly or indirectly, out of the negligence or willful misconduct of the CCCA relating to the private streets in the CCCA Development, except for any gross negligence or intentional wrongful acts on the part of the Village or its officers, appointed and elected officials present and past Trustees, employees, attorneys or agents. The Village shall indemnify and hold harmless the CCCA, and its officers, members, employees, attorneys and agents, with respect to any claim or loss, in connection with any and all claims for damages of any kind which may arise, either directly or indirectly, out of the negligence or willful misconduct of the Village relating to the private streets in the CCCA Development, except for any gross negligence or intentional wrongful acts on the part of the Association or its officers, members, employees, attorneys or agents. SECTION 11: Whenever notice is required to be sent to the Village, it shall be addressed as follows:. Village Clerk Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 With a copy to: Police Chief Mount Prospect Police Department 112 East Northwest Highway Mount Prospect, Illinois 60056. Whenever notice is required to be sent to the CCCA, it shall be addressed as follows; President Colony Country Community Association 1455 Picadilly Circle 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. SECTION 12: The CCCA hereby represents that it has the full power and authority to enter into this Agreement with the Village. The Village hereby represents that it has the full power and authority to enter into this Agreement with the CCCA. SECTION 13: This Agreement constitutes the entire understanding between the Village and the CCCA 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. SECTION 14: This Agreement may be modified or amended only by 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. SECTION 15: This Agreement may be executed in counterparts, with each counterpart deemed to be an original. SECTION 16: The terms, conditions and provisions of this Agreement shall be severable, and if any term, 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. SECTION 17: 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. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this day of „ 2017. VILLAGE OF MOUNT PROSPECT COLONY COUNTRY COMMUNITY ASSOCIATION -22 Village President fz,ellvi L Yee_ /-/ President C, _ c? - ATTEST: ATTEST: Village Clerk Name Dated: Dated'.w RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE COLONY COUNTRY COMMUNITY ASSOCIATION FOR THE REGULATION AND ENFORCEMENT OF TRAFFIC REGULATIONS WHEREAS, the Colony Country Community Association (CCCA) is the owner of the private streets which serve a condominium and residential development which is located at 1455 Picadilly Circle in the Village of Mount Prospect; and WHEREAS, Section 11-209 of the Illinois Vehicle Code, 625 ILCS 5/11-209, authorizes municipalities to enter into agreements to regulate and enforce traffic and parking regulations on private streets in condominium complexes located within the corporate limits of the municipality; and WHEREAS, the streets owned by the CCCA are located within the corporate limits of the Village; and WHEREAS, the Board of Directors of the Association has requested that the Village regulate and enforce specified traffic regulations on all the private streets within the CCCA Development pursuant to the provisions of the Agreement; and WHEREAS, the Mayor and Board of Trustees of the Village find that it would be in the best interest of the Village and the residents of CCCA Development for the Village to regulate and enforce traffic regulations on all private streets in the development; and 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 is hereby authorized to sign and the Clerk directed to attest her signature on an agreement for the Regulation and Enforcement of Traffic Regulations between the Village of Mount Prospect and the Colony Country Community Association, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this 18th day of July, 2017. Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk