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HomeMy WebLinkAboutRes 29-07 06/19/2007 RESOLUTION NO. 29-07 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE A PARKING LOT ENFORCEMENT AGREEMENT WITH NORWOOD BUILDERS FOR THE PARKING AREA OF THE VILLAGE CENTRE DEVELOPMENTS WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Norwood Builders is the owner and operator of the Emerson and Loft & Shops at Village Centre Developments "CENTER" in the Village of Mount Prospect; 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 and; WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into said Agreement with Norwood Builders. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE' That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the agreement regarding parking lot enforcement by Village of Mount Prospect personnel, attached hereto and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Juracek, Zadel NAYS: None ABSENT: Korn, Wilks PASSED and APPROVED this 1~ day of June, 2007. ATTEST: O-~~~cfc?c2 M. a ngell . Village Clerk H :\CLKO\files\WI N\RES\I ntergovt Ag rmtegvjailfacilityju ne2007 .doc AGREEMENT WHEREAS, Norwood Builders (hereinafter referred to as "OWNER") is the owner and operator of the Emerson and Loft & Shops at Village Centre Developments, Mount Prospect, Illinois (hereinafter referred to as "CENTER"), and the Village of Mount Prospect, Cook County, Illinois, a municipal corporation (hereinafter referred to as the "VILLAGE"), desire to modify a previous Agreement between the parties for the enforcement of parking regulations on the parking area of the CENTER by the law enforcement personnel of the VILLAGE; and WHEREAS, the CENTER is 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, IT IS AGREED BY AND BETWEEN THE AFOREMENTIONED PARTIES HERETO as follows: 1. The VILLAGE shall enforce all posted parking regulations on the parking area of the CENTER and OWNER hereby consents to the issuance of parking citations for any and all violations 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 parking signs and markings are necessary for the sale and efficient movement of traffic and to plan for the implementation of such other appropriate regulations. 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 necessary and appropriate. 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. 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. This Agreement shall continue in full force and effect for a period of five (5) years from the date of execution and shall automatically be renewed at additional (5) year terms; provided, however, that either party may cancel this Agreement at any time iManage 165418 1 Norwood Parking Enforcement Agreement Page 2 of2 during the initial or any renewal period upon ten (l0) days prior written notice to the other, which notice of cancellation shall be recorded in the same manner as this Agreement. 6. 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 regulation. 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. A fully executed copy of this Agreement shall be recorded with the Recorder of Deeds or registered with the Registrar of Titles, whichever is applicable, of Cook County, Illinois, as provided by Statute. IN 'YITNESS WHEREOF, the parties hereto have set their hands and seals this r-ij /I/r day oj,~A/ r: ' 2007. ATTEST: By: ~c:P ....-/7) . t'" Village lerk ~. NORWOOD BUILDERS By: Its ATTEST: Secretary iManage 165418 1