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HomeMy WebLinkAboutRes 31-06 06/20/2006 RESOLUTION NO. 31-06 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED PARKING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT TOWNHOME ASSOCIATION LOCATED AT 104-112 EAST LINCOLN AND 304-348 SOUTH MAPLE STREET WHEREAS, on April 21, 1992, the Village of Mount Prospect ("the Village") and the Mount Prospect Townhome Association ("the Association") entered into a Parking Agreement (the "Original Agreement"); and WHEREAS, the Original Agreement grants permission for residents of the townhomes, located at 104-112 East Lincoln Street and 304-348 South Maple Street and managed by the Association, to utilize the Village owned and operated parking lot at 301 South Maple Street, commonly known as the Maple Street Parking lot for parking; and WHEREAS, the Association has requested the Village to modify the terms of the parking agreement to establish a pro-rated system for the purchase of parking privileges at the Maple Street Parking lot; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have agreed to restate the terms of the Original Agreement, establish a pro-rated system for the purchase of overnight parking privileges at the Maple Street Parking lot, and otherwise amend the Original Agreement under the terms and conditions set forth in the Agreement attached hereto and made a part hereof as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: ., I, SECTION ONE: The President is hereby authorized to execute the Agreement that is attached to 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 law. AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel NAYS: ABSENT: None Korn PASSED and APPROVED this 20th day of June 2006. ~t: 4/4 'rrvana K. Wilks, Mayor ATTEST: MA YOK lrvana K. Wilks Mount Prospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoeferl A. John Korn Richard M. Lohrstorfer Michaele W. Skowron Michael A. Zadel VILLAGE CLERK M. Lisa Angell Phone: 847/392~00 Fax: 847/392-6022 www.mountprolWect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 AMENDED AND RESTATED AGREEMENT BETWEEN THE MOUNT PROSPECT TOWNHOME ASSOCIATION AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS THIS AGREEMENT is made and entered into this 20th day of June 2006, by and between the Village of Mount Prospect, Illinois, a home rule municipal corporation (hereinafter the "Village"), and the Mount Prospect Townhome Association, also known as the Maple Street Townhome Association (hereinafter the "Association;" sometimes collectively referred to as the "Parties.") WHEREAS, the Village previously entered into an Agreement with the Maple Street Townhome Association on April 21, 1992, by which the Village agreed to permit the Association's use of the Village of Mount Prospect commuter parking lot located at 301 South Maple Street, Mount Prospect, Illinois (hereinafter the "Commuter Parking Lot"), for overnight parking by the Association's residents (hereinafter the "Original Agreement"); and WHEREAS, the Village is willing to permit the Association's residents to continue to park in the Commuter Parking Lot in accordance with the restated and amended terms of this Agreement; and WHEREAS, the Village and the Association mutually agree to enter into this Agreement to restate the terms of the Original Agreement and to amend the permit fees and certain other provisions. IT IS THEREFORE AGREED AS FOLLOWS: 1. The Association shall be permitted to use a maximum of twenty-eight (28) commuter parking spaces in the Commuter Parking Lot, as designated by the Village (hereinafter the "Designated Parking Area"). This number represents one (1) parking space per unit of the Maple Street townhomes, which are located at 104 - 112 East Lincoln Street and 304-348 South Maple Street, Mount Prospect, Illinois, and managed by the Association. 2. Parking in the Commuter Parking Lot shall be permitted during the period of April1s1 through November 30ln during the term of this Agreement. 3. Motor vehicles may not be parked in the Commuter Parking Lot prior to 7:00 p.m. and must be removed by 7:30 a.m. each morning. Failure to adhere to these hours will result in the issuance of a citation and towing of the vehicle by the Village's authorized towing contractor at the owner's expense. 4. Members of the Association desiring to park in the Commuter Parking Lot shall pay to the Village of Mount Prospect an annual fee in the amount of ONE HUNDRED AND EIGHTY AND 00/100 DOLLARS ($180.00) per vehicle for the period of April 1st through November 30th of each year. Prorated parking may be made available as follows: Period Fee May 1 through November 30 June 1 through November 30 July 1 through November 30 August through November 30 September through - November 30 October through November 30 November 1 through November 30 $157.50 $135.00 $112.50 $ 90.00 $ 67.50 $ 45.00 $ 22.50 Payments shall be made at the Village's Finance Department at the Village Hall no later than the last day of the month preceding the applicable parking period. Upon payment of the parking fee, the Village shall issue a parking sticker (hereinafter the "Mount Prospect Parking Sticker"), which shall be properly displayed on the vehicle along with the Association Sticker described in paragraph 5. 5. The Association shall be responsible for the issuance of a sticker or placard indicating that a vehicle is permitted to park in the Designated Parking Area (hereinafter the "Association Sticker"). The failure of a vehicle to display the Association Sticker and the Mount Prospect Parking Sticker while parked in the Designated Parking Area will result in the issuance of a citation and towing of the vehicle by the Village's authorized towing contractor at the owners' expense. 6. It shall be the obligation of the Association to advise its members of the requirements of this Agreement. Any continued violation of this Agreement by any members of the Association shall be sufficient reason for the Village to revoke this Agreement. 7. This Agreement shall be in effect through November 30,2006, and shall be extended for a period of twelve (12) months thereafter for each succeeding year provided that the Village does not revoke the Agreement as provided in paragraph 6, or neither Party gives written notice of its intent to terminate the Agreement at least thirty (30) days prior to November 30th of each year. 8. The minutes from the Association's meeting, at which execution of this Agreement is authorized, shall be attached hereto. 9. The terms of this Agreement shall supersede any and all prior agreements between the Parties, including the terms of the Original Agreement, which are restated herein as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written above. VILLAGE OF MOUNT PROSPECT, an Illinois home rule municipal corporation "- BY: ;J;;Plt-K (1/& / ' BY: MOUNT PROSPECT TOWNHOME ASSOCIATION ~-nJ N.b:~~ Its President // BY: ,,,,---!/1 ,; ./'.1 " ii'v(/vl/ l j Its Secretary / / .f" /" / / C:\Win2kProfiles\BHiII\My Documents\MY DOCUMENTS\AMENDED AND RESTATED PARKING AGREEMENT.doc