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Home My WebLink AboutRes 33-88 09/06/1988 (\ /~" RESOLUTION NO. 33-88 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPEC"ti ÄNbTHE ROUSE CORPORATION FOR TRAFFIC ENFORCEMENT AT THE RANDHURST SHOPPING CENTER PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 6th day of September, 1988 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of September, 1988. r-') RESOLUTION NO. ::n-RR A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ROUSE CORPORATION FOR TRAFFIC ENFORCEMENT IN THE RANDHURST SHOPPING CENTER WHEREAS, the Village of Mount Prospect and the Randhurst Corporation did enter into an Agreement in 1972 for the purpose of enforcing traffic regulations within the parking area of Randhurst shopping Center; and WHEREAS, the Rouse Corporation are desirous of continuing this Agreement for the village of Mount Prospect to enforce traffic regulations in the parking area of the Randhurst Shopping Center; and WHEREAS, the Mayor and Board of Trustees have determined that the best interests of the Village would be served by renewing the Agreement with the Rouse Corporation to enforce traffic regulations within the parking area of the Randhurst Shopping Center in accordance with the Agreement attached hereto and hereby made a part hereof as Exhibit "A". 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 and Board of Trustees do hereby authorize execution of an Agreement between the village of Mount prospect and the Rouse Corporation for the enforcement of traffic regulations within the parking area of the Randhurst Shopping center, which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That the village Clerk is hereby directed to record with the Recorder of Deeds or Registrar of Titles, whichever is applicable, a fully executed copy of the Agreement being the subject of this Resolution. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: wattenberg, Van Geem, Arthur, Floros, Farley NAYS: None ABSENT: Murauskis PASSED and APPROVED this 6th day of September , 1988. ~~ /I ¡¿~~ carolyn. Krause, Mayòr ATTEST: L~¿t¿~rk LKEB62/pdg (1)~19/88 ~ TERMINATION AGREEMENT This Termination Agreement (the "Agreement") is made and entered into as of the day of ,1988 by and between Rouse-Randhurst Shopping Center, Inc. ("Rouse"), a Maryland corporation and the successor-in-interest of the Randhurst Corporation ("Randhurst") and the Village of Mount Prospect, Cook County, Illinois, a municipal corporation (the "Village"). WHEREAS, Rouse, as the successor-in-interest of Randhurst, is the owner and operator of Randhurst, a regional shopping center located in Mount Prospect, Illinois (the "Shopping Center"). WHEREAS, Randhurst and the Village entered into an Agreement dated July 18,1972 providing for regulation of traffic on the parking area of the Shopping Center pursuant to the provisions of Section 11-209 of Chapter 95 - 1/2 of Illinois Revised Statutes (the "Traffic Agreement"). WHEREAS, Traffic Agreement was for a term of five (5) years from the date of its execution and provided for the extension of the term for additional periods of like duration. WHEREAS, Randhurst and the Village entered into a Notice of Renewal whereby the Traffic Agreement was extended for an additional five (5) years through July 17,1982 (the "Expiration Date"). WHEREAS, Rouse and the Village desire to evidence that the Traffic Agreement has expired through lapse of time. NOW THEREFORE, in consideration of the covenants and promises of the parties herein set forth, and other good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged, the parties agree as follows: A. The foregoing preambles are hereby incorporated by reference as if set forth fully herein. B. The Traffic Agreement expired on the Expiration Date. C. Randhurst, Rouse and the Village have no right, title, interest or obligation under the Traffic Agreement after the Expiration Date. D. This Agreement may be executed in one or more counterparts and all such counterparts shall constitute one Agreement binding on the parties, notwithstanding that all of the parties are not signatories to the original or same counterpart. ,; /""" ~B62/Pd9 ~. (1)~19/88 . 4 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above written. VILLAGE OF MOUNT PROSPECT By: ~~+ // jj~ Its: A~EST, ~ BY;~~Y ~ Ülage Clerk ROUSE-RANDHURST SHOPPING :~TER' ;. ~ - Its: Vi Cf'.-Pres i dent ATTEST: Assistant Secreta -2- / A G R E E MEN T WHEREAS, ROUSE RANDHURST SHOPPING CENTER INC. (hereinafter referred to as ~OWNER") is the owner and operator of the Randhurst Shopping Center, Mount Prospect, Illinois (hereinafter referred to as ~CENTER"), and the VILLAGE OF MOUNT PROSPECT, Cook county, Illinois, a municipal corporation (hereinafter referred to as "VILLAGE"), desire to modify a previous Agreement between the parties for the enforcement of traffic regulations on the parking area of the CENTER as well as regulations of traffic generally by the law enforcement personnel of the VILLAGE; and WHEREAS; the CENTER is of the VILLAGE; and located within the corporate limits WHEREAS, section 11-209 of Chapter 95-1/2 of the Illinois Revised statutes provides that such an Agreement may be entered into by the corporate authorities of a municipalty 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 AFOREMENTIONED PARTIES HERETO, as follows: BY AND BETWEEN THE 1. The VILLAGE shall enforce all posted traffi~ regulations on the parking area of the CENTER and OWNER hereby consents to the issuance of traffic citations for any and all v~olations thereof. 2. The VILLAGE, by its Chief of Police or his :egally designated representative, shall mak~ an inspection of the parking area of the CENTER with the Manager of the CENTER, or his designated representative, to determine what traffic signs or markings are necessary for the safe and efficient movement of traffic and to plan for the implementation of such other regulations enumerated in the said Section 11-209 of Chapter 95-1/2 of the Illinois Revised Statutes. 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 determined to be required pursuant to the terms hereof. The VILLAGE shall not install or contract for the installation of any such sign or markings or of 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 statute of the state of Illinois and such additional authorizations shall not be construed to be in lieu of any such other Statute. 5. This Agreement shall continue in full force and effect for a period of twenty (20) years from the date of execution and ìt- ,". ., ..M.._.'~..."_.... ._.~.~w_,!)j / / f , "I! - '__IIii."-W ,~ ~, '-- Randhurst Traffic Agreement Page 2 of 2 may be renewed for additional period of like duration; provided, however, that either party may cancel this Agreement at any time during the initial or any renewal period upon ten (10) days prior writte¡¡ notice to the other, which notice of cancellation shall be recorded in the same manner as this Agreement. 6. 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. and '::l:":::i~O:a~:fPa~~e ,et,t::::hand' VILLAGE OF MOUNT PROSPECT By: Cu~--- fr J(~ villag<v President - ATTEST: ~~L~ Village Clerk ROUSE R~'DHURS By : fiJ) Vice-Pres SHOPPING CENTER, INC. °ATTEST: c-!t 1!~ é~