HomeMy WebLinkAboutRes 31-89 07/18/1989
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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