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Home My WebLink About96-248 Resolution No. 96-248 RESOLUTION AUTHORIZING EXECUTION OF A FIRE LANE AGREEMENT WITH H.P. SUMMIT PARTNERS LIMITED PARTNERSHIP 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 H.P. Summit Partners Limited Partnership for the enforcement and regulation of parking in designated fire lanes at the Jewel/Osco Store at 1040 Summit Street 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 agreement is hereby made and entered into this .�r1✓,. ay of , 1996, , by and between the City of Elgin, a muni ipal corporation (hereinafter referred to as "City" ) and H.P. Summit Partners, Limited Partnership, a limited partnership corporation (hereinafter referred 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 1040 Summit Street, Elgin, Cook 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 adjacent to the building at 1040 Summit, Elgin, Cook County, Illinois . LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7 , TOWNSHIP 41 NORTH, RANGE 9 , EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOL- LOWS: BEGINNING AT THE INTERSECTION OF THE NORTHLINE OF STATE ROUTE 58, ACCORD- ING TO THE PLAT OF DEDICATION THEREOF RECORDED AS DOCUMENT NO. 11323614 , WITH AN EAST LINE OF HIGHFIELD PLACE, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17 , 1980 AS DOCUMENT NO. 25393343; THENCE NORTH 00 DEGREES 33 MINUTES 16 SECONDS EAST ALONG AN EAST LINE OF SAID HIGHFIELD PLACE, 702 . 91 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 7; THENCE NORTH 87 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID LAST DESCRIBED NORTH LINE, BEING ALSO A SOUTHERLY LINE OF SAID HIGHFIELD PLACE, 342 . 00 FEET TO THE MOST EASTERLY EAST LINE OF SAID HIGHFIELD PLACE . BEING ALSO THE SOUTH- WEST CORNER OF LOT 1 IN COBBLER' S CROSS- ING UNIT 2, BEING A SUBDIVISION IN THE SOUTH 1/2 OF SAID SECTION 7 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 22 , 1989 AS DOCUMENT NO. 89126888; THENCE CONTINU- ING NORTH 87 DEGREES 07 MINUTES 45 SEC- ONDS EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 7 AND ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 7 , BEING ALSO THE SOUTH LINE OF LOT 1 IN SAID COBBLER' S CROSSING UNIT 2, 284 . 89 FEET TO THE WESTERLY LINE OF SHADY OAKS DRIVE IN SAID COBBLER' S CROSSING UNIT 2 ; THE FOLLOWING FOUR COURSES ARE ALONG THE WESTERLY LINE OF SAID SHADY OAKS DRIVE; THENCE SOUTHERLY ALONG A CURVED LINE CONVEX WESTERLY AND HAVING A RADIUS OF 370 . 00 FEET, AN ARC DISTANCE OF 126 . 57 FEET TO A POINT OF TANGENCY IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 02 DEGREES 48 MINUTES 59 SECONDS EAST, 125 . 96 FEET) ; THENCE SOUTH 12 DEGREES 36 MINUTES 59 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DE- SCRIBED CURVED LINE AT SAID LAST DE- SCRIBED POINT, 199 .20 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHERLY ALONG A CURVED LINE CONVEX EASTERLY, HAVING A RADIUS OF 500 . 00 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DIS- TANCE OF 104 . 62 FEET TO A POINT OF TANGEN- CY IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 06 DEGREES 37 MINUTES 19 SECONDS EAST, 104 . 43 FEET) ; THENCE SOUTH 00 DEGREES 37 MINUTES 39 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DE- SCRIBED CURVED LINE AT SAID LAST DE- SCRIBED POINT, 19 . 72 FEET TO A POINT 283 . 00 FEET, AS MEASURED ALONG THE WESTER- LY LINE OF SAID SHADY OAKS DRIVE, NORTH OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE NORTH LINE OF STATE ROUTE 58, AFORESAID; THENCE NORTH 70 DEGREES 26 MINUTES 53 SECONDS WEST, 124 . 65 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 21 SECONDS WEST, 44 . 00 FEET; THENCE SOUTH 00 DEGREES 37 MINUTES 39 SECONDS EAST, 362 . 00 FEET; TO A POINT ON THE NORTH LINE OF SAID STATE ROUTE 58, SAID POINT BEING 161 . 00 FEET, AS MEASURED ALONG SAID NORTH LINE, WEST OF THE INTERSECTION OF SAID NORTH LINE OF STATE ROUTE 58 WITH THE WESTERLY LINE OF SHADY OAKS DRIVE, AFORESAID; THENCE SOUTH 89 DEGREES 22 MINUTES 21 SECONDS WEST ALONG SAID NORTH LINE OF STATE ROUTE 58, 537 . 00 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS AND LOTS 3, 4, AND 5 IN HIGHFIELD PLACE, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 7 , TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE COUNTY OF COOK, STATE OF 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. 5 . 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 Cook 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. CITY OF ELGIN By It. k4-C2 -L4 City Manager f Attest / 1 �Ni�i sue. LL City Clerk H.P. Summit Partners Limited Partnership By Its ManagemAfflMF ompany Hamilton Partners Retail Management 300 Park Boulevard, Suite 201 Itasca, Illinois 60143 At 4111• OFFICIAL SEAL 4 DAV +,:) C. L;..ICK 4 NOTARY FUWLIC. STATE OF ILLINOIS 4 My ComTY1i;slon xplrlis Mar. 14, 1997' �`I�`r►'r'y'rlf'�V'�I♦�V�II►'� 1 f U M / A Al 7-7777////„,,/ / 132 �. / N 1- L.9 / i z , • /. . . / . . 7rm i o/ o a CU m /7/////4V�)/I/ Jo 80 it _ JEWEL - 0 S C 0 (BLDG. 2) •1040 SU MIA T �� / , 6o' -oh 1IliBUILt I,I ING CD ii � o / I I; ;I o • I I ,+ �o / f } 304 -O 9 _ . x r3 I_CI-, i, r3 ej ilL3A1 / • I 92' aim i W i II 98' 114 io �/ . • // '/ / • ', / . ,;./ .. BLDG. ;�► -` COR N ALL' M CORNER) LINE 4 4. 7 C' ': 1 _ o-�� . . , co \I ?H/C j89�I %. f H/C H/C H/C H/C PIPES II ../< f Ii lit • ' -/".'< , , w - • n riak. Agenda Item No. 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 Hamilton Partners Retail Management and its agent, Scott G. Krafthefer, for designation of a fire lane in a certain location at the Jewel-Osco at 1040 Summit Street. BACKGROUND A request has been received from Scott G. Karfthefer, manag- ing agent for the property, to have a selected area at Jewel- Osco, 1040 Summit Street, designated a fire zone (Exhibit A) . The retail store is experiencing problems with traffic flow and parcel pick-up at the south side of the store. Patrons parking in the fire lane hamper ingress and egress of emergen- cy equipment. 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 1040 Summit Street. A map indicating the area of the proposed agreement is attached for your reference (Exhibit B) . 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 eft The fire lane designation was initiated as a result of the area beat officer and the managing agent of the property. Request for Fire Lane Designation July 17, 1996 Page 2 FINANCIAL IMPACT Jewel-Osco, through its managing agent, 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, Charles A. Gruber Chief of Police tar 642.)2 Ir Jo E. Henrici Fire Chief Richard B. Helwig City Manager CAG:ks