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Home My WebLink About96-247 Resolution No. 96-247 RESOLUTION AUTHORIZING EXECUTION OF A FIRE LANE AGREEMENT WITH JEWEL FOOD STORES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Fire Lane Agreement on behalf of the City of Elgin with Jewel Food Stores, Inc. for the enforcement and regulation of parking in designated fire lanes at the Jewel/Osco Store at 1600 Larkin Avenue in Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 14 , 1996 Adopted: August 14 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FIRE LANE AGREEMENT This a r e�m�erjt is hereby made and entered into this day of /i� i� r , 1997 , by and between the City of Elgin, a municipal corporation (hereinafter referred to as "City" ) and Jewel Food Stores, Inc . (hereinafter re- ferred to as "Owner" ) . WHEREAS, Owner is the sole owner of certain real property located within the corporate limits of Elgin, Illi- nois (hereinafter referred to as ( "Property" ) , which property is commonly known as 1600 Larkin Avenue, Elgin, Kane County, Illinois ; and WHEREAS, Property contains an accessory parking lot; and WHEREAS, Owner desires to facilitate and empower City to regulate the parking lot of vehicles at the aforemen- tioned parking lot in designated fire lanes ; and WHEREAS, 625 ILCS 5/11-209, authorizes the corpo- rate authorities of any municipality to enter into contracts for such parking regulation purposes . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . Fire lanes are hereby established within the following described portion of Property: Immediately south and east and adjacent to the building at 1600 Larkin Avenue, Elgin, Kane County, Illinois . LEGAL DESCRIPTION Lots 2 and 4 of Elgin West being a Resubdivision of par of Lot 3 and of Lot 5 in Jodi First Subdivision, being a Subdivision of part of the West Half of Section 15 , Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois . 2 . Owner shall erect, install and maintain appro- priate signs designating such fire lanes and reading "No Parking Fire Lane, " with the warning "Tow Zone" included. 3 . Owner shall cause such portion of Property' s parking lot designating as fire lanes to be painted bright yellow with lines and the words "Fire Lanes No Parking. " Owner shall maintain such painted areas in a clear and legi- ble condition. 4 . Standing or parking of any vehicle in such a manner so as to block or obstruct any such fire lane shall be prohibited. S . City is hereby and empowered to cause vehicles violating the prohibitions provided by the terms of this agreement to be ticketed, removed, and stored pending payment by the registered owner of any such vehicle of the costs of such removal and storage . 6 . City shall adopt such ordinances as are neces- sary to permit the enforcement of the terms of this agreement and the aforementioned parking regulations . 7 . This agreement may be terminated by either party hereto upon thirty ( 30) days written notice for any reason. 8 . This agreement shall not be construed to crate a joint venture, partnership, or employment relationship between the parties hereto; nor shall this agreement be con- strued so as to create any special duty or other extraordi- nary liability by City. 9 . The terms of this agreement shall be sever- able. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforce- able for any reason, the remainder of this agreement shall remain in full force and effect . 10 . This agreement shall be subject to an governed by the laws of the State of Illinois . 11 . This agreement shall be recorded in the office of the Recorder of Deeds of Kane County, Illinois . 12 . This agreement constitutes the entire agree- ment between the parties hereto . This agreement shall re- place and supersede any and all other written or oral agree- ments between the parties hereto which may exist . IN WITNESS WHEREOF the parties have made this agree- ment effective the date of final execution of both parties , as set forth hereunder. C OF GIN BY A.il.11, I terim City Manager Attest City Clerk Jewel Food Story, _•c . By /i jOr Its • • •er y Manager Jewel Food Stores, Inc . 1955 W. North Avenue Melrose Park, IL 60160-1181 111) t, Or . .. • , 'i.•. ;t'.. i 1 y, ,ti 4.i. i;• Pblt fib n 1 � ..z ''� �1: r .. 77�� l Y3 .- i •15=' r. F .1 1.3 ''r c l!'' '!1';'.-4' 1 , I ..a r I f• • +- f• v �.'.S+ a:n; s q .1r s. r 1p. . . ` .<LtClyi0: r I :.� .. r.• 11- �(TLL51Xp — gad y' 74R ^�T.,• ;I ■ :. T a r a5. t ■ ti%4 ,r.� .a.di4� R►�ti ■ :p.t f tr 1 . _N t .. . : i r' _ yy— r. _ ?fi 4"j".1 .^. •,,i{.. •r l . v . F y jjj a •y t fir,, _ I. .. ` t _ r I. • r I N I >I d'-7 0 9 9 1. 1 4. • till -+ l -= - . �:.F arfMd�raz • b41d.L cr: \ • _ y.., 'e---..---__„ 7_ 1----______L_______I-4 1 1 N .. V • Agenda Item Non 4 ` •��Imo/ July 17, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Request for Fire Lane Designation PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with background information concerning a request by Jewel Food Stores, Inc. , of Melrose Park, Illinois, for designation of a fire lane in certain locations at the Jewel-Osco at 1660 Larkin Avenue, Elgin. BACKGROUND A request has been received from Ronald T. Mendes, Assistant Corporation Counsel for Jewel Food Stores, Inc. , and agent for Jewel Food Stores, Inc. , for the property at 1600 Larkin Avenue, a Jewel-Osco retail store, that a certain portion of their property be designated a fire zone (Exhibit D) . The retail store is experiencing problems with traffic flow and parcel pick-up at the south and east sides of the store. Patrons parking in the fire lane hamper ingress and egress of emergency vehicles . Designation of the fire lane and a signed agreement between the City and Jewel-Osco will enable the City to enforce on-street parking regulations on the private property at 1600 Larkin Avenue. A map indicating the area of the proposed agreement is attached for your reference (Exhibit C) . The Police and Fire Departments have reviewed the proposed location of the fire lane on this property and find the desig- nation to be satisfactory. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED tek The fire lane designation was initiated as a result of the area beat officer and the store manager of Jewel/Osco. Request for Fire Lane Designation July 17, 1996 Page 2 e FINANCIAL IMPACT Jewel-Osco, through its local managers, will be responsible for all costs associated with the signage and pavement mark- ings relative to the fire lanes ' designation. LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION Staff recommends that the proposed fire lane be so designated and that staff be directed to prepare a resolution authoriz- ing execution of the proposed enforcement agreement. Respectfully submitted, u Charles A. Gruber ' Chief of Police d Joh E. Henrici Fire Chief 1;z !:(2.,...C2__ t'.t . 644LQH Richard B. Helwig City Manager CAG:ks elk