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Home My WebLink About01-263 Resolution No. 01-263 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC (717, 719 & 721 West Highland Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute an Agreement for Regulating Motor Vehicle Parking and Traffic at 717 , 719 & 721 West Highland Avenue on behalf of the City of Elgin with Highland House Associates, L. P. for the enforcement and regulation of parking in designated fire lanes, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 26, 2001 Adopted: September 26, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR REGULATING MOTOR VEHICLE PARKING AND TRAFFIC AT 717, 719 & 721 WEST HIGHLAND AVENUE IN THE CITY OF ELGIN, ILLINOIS THIS AGREEMENT, made and entered into this ,/Oh day of Ster - , 2001, by and between the City of Elgin, a municipal corporation in the State of Illinois (hereafter called the "City") and The Highland House Associates, a limited partnership organized pursuant to the laws of the State of Illinois, (hereafter called "Owner"). WITNESSETH : WHEREAS, Owner is the record owner of certain real property improved with a residential apartment building commonly known as 717, 719 and 721 West Highland Avenue, Elgin, Kane County, Illinois, (hereafter referred to as "Apartment Complex"), and which is legally described as follows: Parcel 1: Lot 4 in Block 2 of S. Wilcox Addition to Elgin, in the City of Elgin, Kane County, Illinois Parcel 2: That part of the West I/z of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southeast Corner of Lot 7 in Block 2 of Wilcox Addition to Elgin, thence East along the South line extended of said Lot 7, 66 feet; this point hereinafter referred to as point"A"thence West along the last described course 14.6 feet for the point of beginning; thence West along the last described course extended 51.4 feet to the East line of said Block 2; thence South along East line, 198 feet to the Southeast corner of Lot 4 in said Block 2; thence East along the South line extended of said Lot 4, 202.2 feet to the West line of Block 2 of Bosworth's Addition to Elgin thence North, 116.5 feet to a line drawn parallel with and 16.5 feet Westerly of (measured along the Southerly line of Highland Avenue) the Westerly line of Los 2, 3 and 4 in Block 2 of Bosworth's Addition aforesaid; thence Northeasterly along said parallel line, 282 feet to the Southerly line of Highland Avenue; thence Northwesterly along said Southerly line 186.55 feet to a line drawn northerly, parallel with the Easterly line of said Block 2 of S. Wilcox Addition to Elgin, from a Point 'A' aforesaid, thence Southwesterly 237 feet to the point of beginning; in the City of Elgin, Kane County, Illinois. and WHEREAS, Owner desires to enter into an agreement with the City in order to regulate the parking of motor vehicles and traffic at the Apartment Complex pursuant to the provisions of Chapter 65, Act 5, Section 11-209, Illinois Compiled Statutes; and WHEREAS, the City Council of the City and the Owner have authorized the ratification of the terms, provisions and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The City hereby agrees to establish and enforce the following regulations within the Apartment Complex: • • A. A fire lane is established within the Apartment Complex as highlighted and designated on Exhibit A to this Agreement, said Exhibit A being attached to and made part of this Agreement.. B. Owner shall erect, install and maintain not less than two appropriate signs designating the Fire Lane. Each sign shall include the words No Parking Fire Lane followed by the words Tow Zone. C. Owner shall designate the Fire Lane with bright yellow painted lines and the words Fire Lane No Parking. Owner shall maintain the painted areas in a clear and legible condition. D. The standing or parking of any vehicle in such a manner so as to block or obstruct and such fire lane shall be prohibited. E. The City, by this Agreement, is authorized and empowered to cause vehicles violating the prohibitions of this Agreement to be ticketed, removed, towed and stored pending payment by the vehicles registered owner for the costs of removing, towing and storing such vehicle. 2. The Owner does hereby agree to bear the costs and expenses of obtaining, erecting and maintaining any and all such signs necessary to the enforcement of the aforesaid regulations. 3. The City hereby agrees to regulate the parking of automobiles and traffic at the Apartment Complex to enforce the aforesaid regulations. 4. Where any owner or user of a vehicle shall use or permit the use of such vehicle in a manner contrary to the regulations contained within this agreement, the City will enforce its ordinances against such person as if the action had taken place on a public highway. 5. It is mutually agreed that this Agreement shall cover a period of one (1) year form the date hereof and shall be self-renewing for periods of one (1) year each thereafter, not to exceed a period of twenty (20) years, unless and until canceled by not less than thirty (30) days written notice by either party to the other of its intention to cancel same. 6. Whenever notice to the City is required, it shall be addressed to: City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120-5555 When notice to the Owner is required, it shall be addressed to: Eric Welton Highland House Associates, L.P. 1996 S. Kirk Road Geneva, IL 60134 7. In consideration for the performance by the City of the police services herein specified upon the private property of the Owner, the City shall be paid the sum of $12.00 per year for each self-renewing one-year period. It is understood between the parties that such compensation is for the extra police services to be performed under this contract and not as payment for normal police protection. The City, shall in the exercise of its sole discretion, determine when the press • of regular police business shall preclude the furnishing of extra police services under this Agreement. 8. To the fullest extent permitted by law, Owner agrees to indemnify, defend and hold harmless the City, its officers, employees and boards and commissions against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or resulting pursuant to performance of this agreement or alleged to arise out of any reckless or negligent acts or omissions of Owner's officers, employees or agents in the performance of this agreement. In the event of any action against the City, its officers, employees, agents boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 9. The sole remedy available to the Owner, upon any breach of this Agreement by the City, shall be the cancellation of the Agreement under its terms. It is the essence of this Agreement that the City shall not be liable in money damages for any breach of this Agreement. 10. This Agreement shall not be construed to create a joint venture, partnership or employment relationship between the Owner and the City, nor shall this Agreement be construed so as to create any special duty or other extraordinary liability by the City. 11. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 12. This Agreement shall be subject to and governed by the laws of the State of Illinois. 13. This Agreement shall be recorded by the Owner in the Office of the Recorder of Deeds of Kane County, Illinois. No regulation made pursuant to the Agreement shall be effective or enforceable until three (3) days after the Agreement is so recorded. IN WITNESS WHEREOF, the parties hereto have executed this instrument by their duly authorized officers the day and year first written above. CITY OF ELGIN, ILLINOIS HIGHLAND HOUSE ASSOCIATES, L.P. a municipal corporation of the State of Illinois By: B Y: y. MAYOR Eric Welton Regional Manager and Authorized Agent for the Owner F:\Legal Dept\Agreement\FireLane-717 W Highland.wpd 08/30!01 THU 10:36 FAX 6302325945 SANDY WEGMAN 0002 l 4 • f. LEGAL DESCRIPTION PARCEL 1: LOT 4 IN BLOCK 2 OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN. KANE COUNTY, ILLINOIS PARCEL 2: THAT PART OF THE SV135J: 1/2 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF TRR 'T'T4T17T1 PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 2 OF WILCOX ADDITION TO" ELGIN, IW NCE MAS1. ALONG THE SOU'1'ki LINE EXTENDED OF SAID LOT 7, 66 FEET; IBIS POINT HEREINAFTER PRFFRPRO TO AS POINT "A" THENCE WEST ALONG THE LAST DESCRIBED COURSE 14.6 FEET FOR THE POINT OP BEGINNING; THENCE WEST ALONG THE LAST DESCRIBED COURSE EXTENDED 51.4 i't:1i'1` 1'U THE EAST LINE OF SAID BLOCK 2; THRNCE SOUTH ALONI7 RAAT T,TNF,, 1911 FEET TO TAR SOUTHEAST CORNER OF LOT 4 IN SAID BLOCK 2; THENCE EAST ALONG THE SOUTH LINE EXTENDED OF SAID LOT 4, 202.2 FEET TO THE WEST LINE OF BLOCK 2 Ur HUSWUKTH'S AJJC:I TLON TO ELGIN THENCE NORTH ALONG THE WF"ST T,TTJR (1F SATO RTOC'K 2 AND SAID WEST LINE EXTENDED NORTH, 116.5 FEET TO A LINE DRAWN PARALLEL WITH AND 16.5 FEET WESTERLY OF (MEASURED ALONG THE SOUTHERLY LINE OF HIGHLAND AVENUE) THE WLr:a'1EEL):,INE OF LOTS 2, 3, AND 4 IN BLOCK 7 OF ROSwnRTV'S ATIT)TTTON AFORESAID:THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE, 282 FRET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID EUUTHEMLI LINE J.6b-55 FEET TO A LINE DRAWN NORTHERLY, PAPALT.R,T. torrTU TuR RAGTFRT,Y TINE OP SAID BLOCK 2 OF S. WILCOX ADDITION TO ELGIN, FROM A POINT 'A' AFORESAID, THENCE SOUTHWESTERLY 237 FEET TO THE POINT OF BEGINNING, 1N THE CITY U: ELGIN, K.41Yb COUNTY, ILLINOIS. P.I.L_##: 06-14-328-004-0000 & 06-14-328-008-0000 • 1999 K Q165 5"2-61' 3 Amm■mrime mum 6.-r• ad/0 Ai . , . , . . ■ \ \ \ , . \ , \. , \ . \ . . . . . . ..- . 6l----- , • 0i . / '''' . .. .. , . 5 4. ' , I ' ...,-,---:•!•--r-----"r!..."-'.-"*".."-------""•"- 1.-7-77-7-------r- I'• ,_ — . 6'' . . ------- t--"• .- / ' •-• ,./ . 54' . . ..._...:-' - , 6t - ....-•-•■• '' . ...:----- ' , 5 67 , • C. _ - ,kil • . • N . .§t_...... , . _.. . , r....19...-- .,',9, _---- 7 0--- .. . . ,„,..0mGr, 1.. i . ., . to law , .F-7"--7 1 l‘ 712; OA 12 ' --_. ,'): i I 4 ' - 110 :i . . TT 7_.....--- 16 . ■ 1 I , ,-- 7S ' BOLDING Ci i ! i , • 1 • 1 I i i 1 79 ,: , . 821 8 31 841 851 851 87188i 891;0191 1 921 931 941951H 9 71 98 99 IN 1011021 la 194!05I ‘B ■•-•••-- . . 2.0- ‘, .• -_______ ......... .... -- • .. . \..„5\ 1 37 36,39 40 41 .42 43 44 45 431•47 48 41 50 511 52 5 ,54.55 5 57 58 59 6071/4......, •., 27- 33\.34\*'' . ' ‘29\30 31 32 I —,.____'--,:-----T------T--, .,, .c____,......, • , -4,' . ‘. -----t-11 \ \ 1 \ 7 .---- . .. ' , • . . • , . . . -,.. •• . . .------. A N ' .5 1 1 • . .. t• • - 5 C 4 08/30/01 THU 10:36 FAX 6302325945 SANDY WEGMAN E1002 LEGAL DESCRIPTION PARCEL 1: LOT 4 IN BLOCK 2 OF S. WILCOX ADDITION '10 ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS PARCEL 2: THAT PART OF THE W1 1; 1/2 OF SECTION 14, TOWNSHIP 41 NORTEY, RANGE 8 EAST OF PRP: 'i'FZ7RT1 PRTWCTPAL MERIDLAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 2 OF WILCOX ADDITION TO ELGIN, THENCE EAST ALONG THE souTm LINE EXTENDED OF SAID LOT 7, 66 FEET; TFIIS POINT HEREINAFTER RRFRRRR) TO AS POINT "A" THENCE WEST ALONG THE LAST DESCRIBED COURSE 14.6 FEET FOR 'rkI POINT OP BEGINNING; THENCE WEST ALONG THE LAST DESCRIBED COURSE EXTENDED 51.4 !'EST '1'U THE EAST LINE OF SAID BLOCK 2; THENCE SOUTH ALONG FAST LINE, 19A FRET TO THE SOUTHEAST CORNER OF LOT 4 IN SAID BLOCK 2; THENCE EAST ALONG THE SOUTH LINE EXTENDED OF SAID LOT 4, 202.2 FEET TO THE WEST LINE OF BLOCK 2 Or 6V5wutt7'H'B ALli .J ON TO ELGIN THENCE NORTH ALONG THE WR:ST T.ThTF: OF GATfl PTO 2 AND SAID WEST LINE EXTENDED NORTH, 116.5 FEET TO A LINE DRAWN PARALLEL WITH AND 16-5 FEET WESTERLY OF (MEASURED ALONG THE SOUTHERLY LINE OF HIGHLAND AVENUE) 'L HE WJ:S'1'EKL: LINE OF LOTS 2, 3, AND 4 IN BLOCK 7 CIF T Awnwr 'S AnDTTTON AFORESAID:THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE, 282 FRET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID SUU'1'tiE1tLY LINE .L815- 5 FEET TO A LINE DRAWN NORTHERLY, PAP.RLT,RT. WT'1'H 17T7 RAGTRRTY TINE OF SAID BLOCK 2 OP S. WILCOX ADDITION TO ELGIN, FROM A POINT .'A' AFORESAID, THENCE SOUTHWESTERLY 237 FEET TO 2'H2 POINT OF BEGINNING, 1N THE C:1T1 U:' ti.,u111, mot; COOL Y, ILLINOIS. 06-14-328-004-0000 & 06-14-328--008-0000 • • 1999 K 07855 2•6' 3 ,, I i - i 3 6` t rr ` -rr 4. _ J ____.-, 1 54' . §� � •III. 1-'1-. ! . F '. T _ �1 �,• r 8 . 0 ----" 70....-- 13 8• 9 ? M 10 �1 ` 1} 77- r 110111 Lri tx ,j 1 u a �,,� 12 74 w M 1' 5 BUILDING . E . ' 15_ 1 ` tip- 78 BUtLDIN�O I7_ 79 `' ie 82'831 84185+861 S71881891 y0�91 1 9219.3-194i Jr..71961:;)71 98 99 It.•i 1011'021 10. t04 105 k0_ 9. c i 2' f— BUILDING 2Q_ ___-..-.._._ ... -. . - ._. . . . . A 2 J - Z� 35 37'39 39 40 41 .42 43 44,4 4 37 48 �C`5 i( 2 5 .,51.5. . 57 8 59 tj0^� • •-, 11 2.6\21\28\29\30 3t 32 33\.34\ .1 37 i r I --- .- p! • RT " - A N N - $ C A L E • • '1 City of Elgin Agenda Item No. ncr� ' ( it 1 'PA TED FFb �, L September 5, 2001 G N TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Fire Lane Designation - 717-721 West Highland PURPOSE This memorandum will provide the Mayor and members of the City Council with background information concerning a request by the Highland House Associates, L.P. for the designation of fire lanes at various locations within the parking lot areas of the Highland House apartment complex. BACKGROUND A request has been received from the Highland House Associates, L.P. to have all perimeter areas around their parking lots designated as a fire lanes. The management personnel at the Highland House and Elgin Police Department Resident Officer Robert Hartman recognized that when vehicles are parked anywhere in the parking lots other than the designated parking stalls, ingress and egress of emergency vehicles is difficult, if not impossible. The Fire Department reviewed the situation and determined that the fire lanes were necessary for adequate emergency vehicular access to the complex. Designation of the fire lane and a signed agreement between the City and the Association will enable the City to enforce off-street parking regulations on the private property located within the complex property. A map indicating the proposed location, a legal description of the property and proposed agreement are attached for reference. The Police and Fire Departments have both reviewed the proposed location of the fire lane at the site and find the designation to fek be satisfactory. rm. Fire Lane - 717 West Highland Avenue September 7, 2001 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED This fire lane designation proposal was initiated as a result of a request from the complex management . No other community groups are involved with the request . vpFINANCIAL IMPACT There will be no direct costs to the City resulting from this request . All associated costs are the responsibility of the Highland House Associates, L. P. . wpvTZEGAL IMPACT None. ALTERNATIVES None. tow RECOMMENDATION Staff recommends that the proposed fire lane be so designated and that staff be directed to prepare a resolution authorizing the execution of the proposed enforcement agreement . pectfully submit d, Joyce A. Parker City Manager SGB/st emk 08/30/01 THU 10:36 FAX 6302325945 SANDY WEGMAN 1 002 • t. LEGAL DESCRIPTION PARCEL 1: LOT 4 IN BLOCK 2 OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS PARCEL 2: THAT PART OF HE MST 1/2 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF TEE 'T'Fi1RT1 PRTNCTPAL MERIDIAN DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 2 OF WILCOX ADDITION TO' ELGIN, THENCE EAST ALONG 'Ltth SOUTh LINE EXTENDED OF SAID LOT 7, 66 FEET; THIS POINT HEREINAFTER PEFRRRRO TO AS POINT "A" THENCE WEST ALONG THE LAST DESCRIBED COURSE 14.6 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE LAST DESCRIBED COURSE EX ENVEU 51.4 kEET '1V THE EASE.' LINE OF SAID BLOCK 2; THENCE SOUTH ALONG FAST T.TNE, 19R FFRT TO THE SOUTHEAST CORNER OF LOT 4 IN SAID BLOCK 2; THENCE EAST ALONG THE SOUTH LINE EXTENDED OF SAID LOT 4, 202.2 FEET TO THE WEST LINE OF BLOCK 2 Ur HO5WUKTTH U ADLI1'1ON TO ELGIN THENCE NORTH ALONG THE WEST T,TWR nR RATT] PUNIC 2 AND SAID WEST LINE EXTENDED NORTH, 116.5 FEET TO A LINE DRAWN PARALLEL WITH AND 16.5 FEET WESTERLY OF (MEASURED ALONG THE SOUTHERLY LINE OF H1CHLANU AVENUE) THE WEETS LX LINE OF LOTS 2, 3, AND 4 IN BLOCK 7 4F WANOR1 'R ATN)TTTON AFORESAID;THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE, 282 FEET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID SUUTHENDI LINE 186. 5 FEET TO A LINE DRAWN NORTHERLY, PARALLFt. W7'1`Ft TM1 RAATRRT.Y TINE OF SAID BLOCK 2 OF S. WILCOX ADDITION TO ELGIN, FROM A POINT 'A' AFORESAID, THENCE SOUTHWESTERLY 237 FB3T TO THE POINT OF BEGINNING, IN TEE CITY U: ELGIN, KABb COUNTY, ILLINOIS. 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