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HomeMy WebLinkAbout14-31 Resolution No. 14-31 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HISPANIC HOUSING DEVELOPMENT CORPORATION FOR REGULATING MOTOR VEHICLE TRAFFIC AT THE SQUIRE VILLAGE APARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Hispanic Housing Development Corporation for regulating motor vehicle traffic at the Squire Village Apartments in the City of Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 19, 2014 Adopted: March 19, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT FOR REGULATING MOTOR VEHICLE TRAFFIC AT THE SQUIRE VILLAGE APARTMENTS IN THE CITY OF ELGIN, ILLINOIS THIS AGREEMENT, made and entered into this 19th day of March , 2014, by and between the City of Elgin, a municipal corporation in the State of Illinois (hereinafter called the "City") and Hispanic Housing Development Corporation, an Illinois not- for-profit corporation(hereinafter called "Owner"). WITNESSETH: WHEREAS, Owner is the entity owning, operating or representing an apartment complex commonly known as the Squire Village Apartments (the "Development," herein), which controls certain private streets or roads within the limits of the City, and which is legally described as follows: THAT PART OF SECTION 17 AND SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID SECTION 18, BEING ALSO THE WEST LINE OF SAID SECTION 17, WITH THE CENTER LINE OF ELGIN ROAD (STATE ROUTE 19); THENCE NORTH 71 DEGREES 51 MINUTES 50 SECONDS WEST ALONG SAID CENTER LINE 785.1 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 51 MINUTES 50 SECONDS WEST ALONG SAID CENTER LINE 584.35 FEET TO THE EAST LINE OF THE BURRITT TRACT; THENCE NORTH 14 DEGREES 39 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE 1222.30 FEET TO THE SOUTH LINE OF LANDS CONVEYED BY JANE SMITH TO MARY E. STEWART BY DEED DATED DECEMBER 7, 1878 AMD RECORDED DECEMBER 20, 1878 AS DOCUMENT 205328; THENCE NORTH 88 DEGREES 13 MINUTES 33 SECONDS EAST ALONG SAID SOUTH LINE 1423.40 FEET TO THE WESTERLY LINE EXTENDED NORTH OF LANDS CONVEYED BY ESTHER MARCH BY DEED DATED SEPTEMBER 23, 1962 AND RECORDED OCTOBER 17, 1962 AS DOCUMENT 18620023; THENCE SOUTH 03 DEGREES 57 MINUTES WEST ALONG SAID WESTERLY LINE EXTENDED AND ALONG SAID WESTERLY LINE 1413.70 FEET; THENCE NORTH 73 DEGREES 14 MINUTES 30 SECONDS WEST 1031.95 FEET; THENCE SOUTH 17 DEGREES 20 MINUTES 30 SECONDS WEST 296.79 FEET TO THE CENTER LINE OF ELGIN ROAD AND THE POINT OF BEGINNING EXCEPTING THEREFROM THAT POINT DESCRIBED AS FOLLOW: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 17, BEING ALSO THE EAST LINE OF SAID SECTION 18 WITH 1 THE CENTER LINE OF ELGIN ROAD (STATE ROUTE 19); THENCE NORTH 71 DEGREES 51 MINUTES 50 SECONDS WEST ALONG SAID CENTER LINE 1165.1 FEET FOR POINT `A' AND THE POINT OF BEGINNING; THENCE SOUTH 71 DEGREES 51 MINUTES 50 SECONDS EAST ALONG SAID CENTER LINE 380.0 FEET; THENCE NORTH 17 DEGREES 20 MINUTES 30 SECONDS EAST 296.79 FEET; THENCE SOUTH 73 DEGREES 14 MINUTES 30 SECONDS EAST 1031.95 FEET; THENCE NORTH 03 DEGREES 57 MINUTES EAST 980.0 FEET; THENCE NORTH WESTERLY 983.0 FEET TO A POINT 1295.0 FEET NORTH EASTERLY FROM POINT `A' (AND THE POINT OF BEGINNING); THENCE SOUTH WESTERLY 1295.00 FEET TO THE CENTER LINE OF ELGIN ROAD (STATE ROUTE 19) AT POINT `A' AND THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. and which includes those streets commonly known as follows: Apple Lane, Hemlock Court, Hemlock Lane, Peachtree Court, Peachtree Lane, Rosewood Court, Spruce Lane and Yew Court; and WHEREAS, Owner desires to enter into an agreement with the City in order to City to empower the City to regulate the motor vehicle traffic on the Owner's private streets or roads pursuant to the provisions of Chapter 625, Act 5, Section 11-209.1 of the Illinois Compiled Statutes; and WHEREAS, the City Council of the City and the Board of Directors of the Owner have authorized the execution of the terms, provisions and conditions of this Agreement. NOW, THEREFORE, inconsideration 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 Development: A. The maximum speed limit for any vehicle shall be thirty (30) miles per hour; B. Stop signs shall be posted at all exits and the driver of a vehicle merging from the Development shall stop such vehicle immediately prior to driving onto an adjoining or intersecting street, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the street or roadway shall yield the right-of-way to all vehicles approaching on said street or roadway; C. The provisions of Chapter 11 of the Illinois Vehicle Code, entitled "Rules of the Road" (625 ILCS 5/11-100 through 625 ILCS 5/11-1516, inclusive), as amended. 2. The City shall erect signs relating to the aforesaid regulations at appropriate places within the Development, as required by and in conformance with the Illinois Manual on Uniform Traffic Control Devices and the Illinois Vehicle Code. 2 3. The Owner does hereby agree to bear the full and complete costs and expenses of erecting and maintaining any and all such signs necessary for the enforcement of the aforesaid regulations. Upon the completion of the erection of such signs by the City pursuant to paragraph 2 herein, the City shall submit an invoice to the Owner for the cost of such work as determined by the City. The owner covenants and agrees to pay the amount of the invoice and reimburse the City its full cost and expense for the erection of the signs within thirty (30) days of its receipt of the invoice from the City. 4. The City hereby agrees to regulate the traffic at the Development to enforce the aforesaid regulations. 5. 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. 6. It is mutually agreed that this Agreement shall cover a period of one (1) year from the date set forth above, 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, in which case, the Agreement shall terminate on the first day of January in the next year following the filing of the cancellation notice. In the event of termination of this Agreement, the Owner shall not be entitled to receive a refund of any portion of the consideration paid for this Agreement, nor shall the Owner be entitled to any compensation or reimbursement for any costs or expenses incurred or in any way arising from this Agreement or relating to the construction, installation, maintenance and/or removal of any traffic signs or improvements pursuant to this Agreement, nor to any monetary damages of any kind whatsoever. 7. 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: Hispanic Housing Development Corporation 1146 Yew Court, Unit E Elgin, IL 60120 8. The Owner hereby agrees to release and hold harmless and defend, including the payment of all costs and attorneys fees, the City, its officers and agents, in connection with any and all actions or claims for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement, and shall procure insurance to protect, save harmless and indemnify the City pursuant thereto. Such insurance shall be in minimum amount 3 of five hundred thousand dollars ($500,000.00) for each person injured and one million dollars ($1,000,000.00) aggregate per accident and five hundred thousand dollars ($500,000.00) for property damages for each accident. This insurance must name the City as an additional insured with right to notice of cancellation. The insurance required by this Agreement shall be occurrence-based and shall remain in effect for the duration of this Agreement. Upon the execution of this Agreement, the parties hereto do hereby certify that each has passed a proper resolution authorizing the execution and ratifying the terms, provisions and conditions of this Agreement. 9. 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 ten dollars ($10.00) 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. 10. 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. In no event shall the City be liable for monetary damages, including, but not limited to, compensatory, consequential or incidental damages or attorney's fees, arising from or in any way related to any breach or other violation of the terms of this Agreement. It is the essence of this Agreement that the City shall not be liable in money damages for any breach of this Agreement. 11. 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. 12. 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. 13. This Agreement shall be deemed to have been made in, and shall be construed in accordance with, the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 14. This Agreement is intended solely for the benefit of the parties hereto, and nothing herein shall be construed, either expressly or impliedly, to extend rights, special duties, or obligations in favor of any other person or entity, or to create any additional beneficiaries of this Agreement. The delegation of all responsibilities by and among the parties as described herein is only as a matter of administrative convenience and shall not be construed to create any duty or standard of care to third parties not otherwise imposed by law. It is further understood and agreed that nothing herein is intended or shall be construed as altering, limiting or waiving the provisions of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101, et seq., as amended), or such other immunities provided by law, it being agreed 4 that all civil immunities as set forth in such Act, as amended, and/or such other immunities provided by law, shall apply to the fullest extent permitted by law to any claims asserted or that might be asserted against the City as a result of this Agreement or any actions of the parties taken pursuant to this Agreement. 15. This Agreement is the only agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter of this Agreement. This Agreement may not be modified or amended without the written Agreement of the parties hereto. 16. No official, director, officer, agent or employee of the City or the Owner shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 17. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns; provided, however, that the Owner may not assign, transfer or otherwise convey its rights or obligations under this Agreement without the prior written consent of the City, which may be withheld in such City's sole discretion. 18. This Agreement is and shall be deemed to be construed as a joint and collective work product of the City and the Owner and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 19. It is understood and agreed by the parties that no regulation set forth in this Agreement shall be effective or enforceable until the adoption of an enabling ordinance by the City. SIGNATURE PAGE FOLLOWS 5 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 HISPANIC HOUSING DEVELOPMENT a municipal corporation of CORPORATION, an Illinois not-for profit the State of Illinois corporation By: PLI■1 A4,...-. °' .t :.\ • .4 Mayor z 7 C1k ct� 6 Its: Attest: 4/At. te--/ A/Z/-2S City Clerk 6 Client#:27329 HISPHOU ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)11/08/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: IMA,Inc.-Colorado Division PHONE FAx (A/C,No,Ext):303-534-4567 (A/C,No): 303-534-0600 1550 17th Street,Suite 600 ADORIESS: DENPAM @IMACORP.COM Denver,CO 80202 INSURER(S)AFFORDING COVERAGE NAIC# 303-5344567 INSURER A:Lexington Insurance Comnym 19437 INSURED INSURER B:Commerce and Industry Ins _ 19410 Hispanic Housing Development Corp. , INSURER C: y 4`i �,tzm 325 N Wells St,8th Floor &' INSURER D: '4,.. Chicago,IL 60654 : � INSURER E: , s ,,, INSURER F:*CHARTIS rt COVERAGES CERTIFICATE NUMBER: :, REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLJ # ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES;D CRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCWY BY 14NR CLAIMS. INSR ADDL SUER POLICY E0E- POLIO " XP LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER (MMID MMIDD ) LIMITS A GENERAL LIABILITY 112317342013J 0141/21 04/01/2014 EACH OCCURRENCE $1,000,000 0' DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY , c PREMISES(Ea occurrence) $1,000,000 tip;' CLAIMS-MADE , X OCCUR �' L MED EXP(Any one person) $5,000 X $0 Deductible * '"• PERSONAL&ADV INJURY $1,000,000 *4 GENERAL AGGREGATE $2,000,000 GENII_AGGREGATE LIMIT APPLIES PER: _ PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY ECT X LOC n $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 11231734421�; J 01/01/2013 01/01/2014 (Ea accident) $1,000,000 ANY AUTO 4if .-.. BODILY INJURY(Per person) $ ALL OWNED SCHEDULED - BODILY INJURY(Per accident) $ AUTOS _ AUTOS ;. X X NON-OWNED 4'_ PROPERTY DAMAGE AMAGE $ HIRED AUTOS AUTOS ( accident) r— B x UMBRELLA LIAB X OCCUR E06 69111 01/01/2013 01/0112014 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE , AGGREGATE $5,000,000 DED X RETENTION$0 , WORKERS COMPENSATION '� WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY I IMITS I FR ANY PROPRIETOR/PARTNER/EXECUTI Y I 1 E .EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) -z E .DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIO 5 elow E .DISEASE-POLICY LIMIT $ DESCRIPTION i OPEWIOt AT IONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Named Insttre9l9 Squire Village Preservation II, LLC Name of Proty:Squire Village 1146 Yew CouEigin, IL 60120 CERTIFICATE HOLDER CANCELLATION For Information Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /tei,.. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S970638/M888912 GEK1