HomeMy WebLinkAbout03-153 Resolution No. 03-153
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH MILL ASSOCIATES FOR
THE REGULATION OF MOTOR VEHICLE TRAFFIC AT THE MILL APARTMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Mill Associates for the regulation
of motor vehicle traffic at The Mill Apartments, a copy of which is
attached hereto and made a part hereof by reference .
s/Ed Schock
Ed Schock, Mayor
Presented: May 28 , 2003
Adopted: May 28 , 2003
Omnibus Vote : Yeas : 4 Nays : 2
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT FOR REGULATING MOTOR VEHICLE TRAFFIC
AT THE MILL APARTMENTS
IN THE CITY OF ELGIN, ILLINOIS
THIS AGREEMENT, made and entered into this 28th day of May, 2003 and
between the City of Elgin, a municipal corporation in the State of Illinois (herein after
called the "City") and Mill Associates, an Illinois general partnership (hereafter called
"Owner").
WITNESSETH :
WHEREAS, Owner is the owner of a residential development commonly known
as "The Mill Apartments" (the "Development") which controls a private streets or roads
within the limits of the City, and which are legally described as follows:
See Exhibit A, attached to and incorporated into this agreement by reference
and
WHEREAS, Owner desires to enter into an agreement with the City in order to
empower the City to regulate the motor vehicle traffic on the Owner's private streets or
roads pursuant to the provisions of Chapter 65, Act 5, Section 11-209.1, Illinois
Compiled Statutes; and
WHEREAS, the City Council of the City and the managing general partner of the
Owner have authorized the ratification 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," as amended (625 ILCS 5/11-100 through 5/11-1515, inclusive).
2. The Owner does hereby agree to erect signs relating to the aforesaid
regulations at appropriate places within the Development.
3. 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.
4. The City hereby agrees to regulate the traffic at the Development to enforce
said 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
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, in which case, the agreement shall terminate on the first day of January in
the next year following the filing of he cancellation notice.
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:
The Mill Apartments
c/o National Realty Partners, Inc.
120 S. LaSalle Street, 15th Floor
Chicago, IL 60603
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 of three hundred thousand dollars
($300,000.00)for each person injured and five hundred thousand dollars ($500,000.00)
aggregate per accident and three hundred thousand dollars ($300,000.00) 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.
8. 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. 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.
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.
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, MILL ASSOCIATES,
an Illinois municipal corporation an Illinois general partnership
By: _-40By:
Mayor Nationa Realty Partners, Inc., its
Man ging Partner
ATTEST:
AlhhA---Q ihe-044--
Dolonna Mecum, City Clerk
IHDA Loan No. ML-79
EXHIBIT A
PARCEL ONE:
THAT PART OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE
SOUTH 01 DEGREES 48 MINUTES 09 SECONDS WEST ALONG THE EAST LINE OF SAID QUARTER
QUARTER, 1038.8 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00
MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SOUTH
HALF OF SAID SECTION 1843.6 FEET TO THE CENTER LINE OF MCLEAN BOULEVARD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE ALONG A CURVE TO THE RIGHT 426.4 FEET;
THENCE NORTH 21 DEGREES 05 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE
214.85 FEET; THENCE SOUTH 68 DEGREES 54 MINUTES 57 SECONDS EAST ALONG A LINE AT
RIGHT ANGLES TO THE EASTERLY LINE OF SAID MCLEAN BOULEVARD 33 FEET TO A POINT
ON SAID EASTERLY LINE OF MCLEAN BOULEVARD, SAID POINT ALSO BEING ON THE
EASTERLY LINE OF PREMISES DESCRIBED AS PARCEL 'C' IN DEDICATION OF FEDERAL AID
HIGHWAY ROUTE NUMBER 6 BY INSTRUMENT RECORDED NOVEMBER 9, 1959 IN BOOK 38 OF
PLATS, PAGE 82, AS DOCUMENT NUMBER 905285; THENCE NORTH 24 DEGREES 18 MINUTES
45 MINUTES EAST ALONG SAID EASTERLY LINE OF PARCEL 'C', 72.0 FEET: THENCE SOUTH
88 DEGREES 11 MINUTES 15 SECONDS EAST 201.0 FEET; THENCE NORTH 55 DEGREES 03
MINUTES 45 SECONDS EAST 295.0 FEET; THENCE SOUTH 79 DEGREES 28 MINUTES 33
SECONDS EAST 608.81 FEET; THENCE SOUTH 55 DEGREES 26 MINUTES 51 SECONDS EAST
203.0 FEET; THENCE SOUTH 88 DEGREES 41 MINUTES 51 SECONDS EAST 383.0 FEET TO A
POINT ON THE FAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION, 451.8 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 01
DEGREES 48 MINUTES 09 SECONDS WEST ALONG THE FAST LINE OF SAID QUARTER QUARTER,
587.0 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, XANE COUNTY,
ILLINOIS.
PIN: 06-22-400-006 PIN: 06-22-327-004
PARCEL TWO:
EASEMENT FOR SANITARY SEWER CREATED BY GRANT RECORDED OCTOBER 29, 1975 AS
DOCUMENT 1344396 AND AMENDED AS DOCUMENT 1499541 MADE BETWEEN AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT
DATED AUGUST 21, 1975 AND KNOWN AS TRUST NUMBER 91280 AND AMERICAN NATIONAL
BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED
AUGUST 21, 1975 AND KNOWN AS TRUST NUMBER 91275 FOR THE BENEFIT OF PARCEL ONE, CD
OVER A STRIP OF LAND 10 FEET WIDE ACROSS THAT PART OF SECTION 22, TOWNSHIP 41 CO
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN THE CENTER LINE OF WHICH U)
IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST C71
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22 AFORESAID; THENCE SOUTH 1 CD
DEGREES 48 MINUTES 09 MINUTES WEST ALONG THE EAST LINE OF SAID NORTHWEST ,�-
QUARTER, 451.8 FEET; THENCE NORTH 88 DEGREES 41 MINUTES 51 SECONDS WEST 383.0 CO
FEET; THENCE NORTH 55 DEGREES 26 MINUTES 51 SECONDS WEST 203.0 FEET, THENCE Cfl
NORTH 79 DEGREES 28 MINUTES 33 SECONDS WEST 38.86 FEET FOR THE POINT OF
BEGINNING OF SAID CENTER LINE OF SAID 10 FOOT WIDE STRIP OP LAND; THENCE NORTH
1 DEGREES 57 MINUTES 25 SECONDS EAST 326.52 FEET TO AN ANGLE IN SAID CENTER
LINE; THENCE NORTH 52 DEGREES 37 MINUTES 25 SECONDS EAST 208.6 FEET TO THE
SOUTH LINE OF A 20 FOOT WIDE EASTMENT FOR AN ELGIN SANITARY DISTRICT TRUNK
LINE SEWER, BEING A LINE 20 FEET SOUTHERLY OF (MEASURED AT RIGHT ANGLES
THERETO) AND PARALLEL WITH THE SOUTHERLY LINE OF FEDERAL AID ROUTE NUMBER 6
4U. S. ROUTE 20 BYPASS) FOR THE TERMINUS OF SAID CENTER LINE OF SAID 10 FEET
WIDE STRIP OF LAND FOR A SANITARY SEWER EASEMENT, IN THE CITY OF ELGIN. )CANE
COUNTY, ILLINOIS.
_nL.. ..-Ian
•
PARCEL THREE:
•
EASEMENT FOR INGRESS AND EGRESS CREATED BY GRANT RECORDED OCTOBER 29, 1975 AS
DOCUMENT 1344396 AND AMENDED AS DOCUMENT 1499541 MADE BETWEEN AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT
DATED AUGUST 21, 1975 AND KNOWN AS TRUST NUMBER 91280 AND AMERICAN NATIONAL
BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED
AUGUST 21, 1975 AND KNOWN AS TRUST NUMBER 91275 FOR THE BENEFIT OF PARCEL ONE
OVER A STRIP OF LAND OF VARIOUS WIDTHS, THE CENTER LINE OF SAID STRIP BEING A
PART OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNEA OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION.22, TOWNSHIP 41 NORTH.
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 1 DEGREES 48
MINUTES 09 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 451.8
FEET; THENCE NORTH 88 DEGREES 41 MINUTES Si SECONDS WEST 293.71 FEET FOR THE
POINT OF BEGINNING OF THE CENTER LINE OF SAID FLEETWOOD DRIVE: THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 76.5 FEET AND
TANGENT TO A LINE THAT BEARS NORTH 25 DEGREES 52 MINUTES 30 MINUTES WEST, A
DISTANCE OF 24.20 FEET; THENCE NORTH 44 DEGREES 00 MINUTES WEST, TANGENT TO THE
LAST DESCRIBED CURVE, A DISTANCE OF 54.02 FEET; THENCE NORTHWESTERLY AND
WESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 77.33 FEET AND TANGENT
TO THE LAST DESCRIBED COURSE, A DISTANCE OF 77.68 FEET; THENCE SOUTH 78
DEGREES 30 MINUTES EAST, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF
55.0 FEET; THENCE WESTERLY, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
195.46 FEET AND TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 9.10 FEET
FOR THE TERMINUS OF SAID CENTER LINE, IN THE CITY OF ELGIN, KNE COUNTY.
ILLINOIS.
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O„OF
4.s.^ \ti Agenda Item No.
City of Elgin
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May 9, 2003 '
N
SAFE CC7MMlJNITY
TO: Mayor and Members of the City Council
��� `
FROM: David M. Dorgan, City Manager jf
William D. Miller, Chief of Police
SUBJECT: Motor Vehicle Traffic Regulation within The Mill
Apartments Development
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider an
agreement between the city and the Mill Associates for the
regulation of motor vehicle traffic on the private streets
within The Mill Apartments development .
BACKGROUND
Mill Associates is an Illinois general partnership that owns the
residential development commonly known as "The Mill Apartments. "
The roadways and right-of-ways in The Mill Apartments
development are privately owned and maintained, preventing the
city from enforcing traffic regulations without the agreement of
the property owner. Mill Associates has asked the city to enter
into an agreement that will allow the city to regulate motor
vehicle traffic on the private streets (commonly known as
Fleetwood Drive and Amanda Circle) within "The Mill Apartments. "
A copy of that agreement is attached to this memorandum.
Before any such agreement can be executed, Section 11-209 . 1 of
the Illinois Vehicle Code (615 ILCS 5/11-209. 1) requires the
apartment complex owner or board of directors (in the case of
corporate ownership) to file a written request with the city
requesting that the police department enforce the provisions of
the Illinois Vehicle Code on all private streets or roads open
to or used by the tenants, owners, employees or the public . Mill
Associates submitted such a written request to the city in a
letter dated 27 March 2003 .
r Motor Vehicle Traffic Regulation at The Mill Apartments
May 9, 2003
Page 2
A certificate of insurance indicating The Mill Associates has
procured public liability insurance in a minimum amount of three
hundred thousand dollars ($300, 000 . 00) for each person injured
and five hundred thousand dollars ($500, 000 . 00) aggregate per
accident and three hundred thousand dollars ($300, 000 . 00) for
property damages for each accident must also be provided to the
city. Such a certificate was provided to the city with Mill
Associates 27 March 2003 letter.
The proposed agreement requires the city to enforce the
following regulations on the private streets and roads within
the Mill Apartments :
■ 30 mile-per-hour speed limit on all streets and roads
Fleetwood Drive and Amanda Circle .
■ "Rules of the Road" provisions within Title 11 of the Elgin
Municipal Code, including stop sign violations .
Mill Associates is responsible for the costs of obtaining,
erecting and maintaining all necessary signs . The initial term
of the agreement is for one year with annual self-renewing one-
year terms not to exceed a period of twenty years . Either party
may cancel the agreement with thirty days' written notice. By
statute, the traffic regulation agreement is not valid until
three days after it has been recorded with the Kane County
Recorder.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Mill Associates approached the city requesting the agreement .
V1YL'
FINANCIAL IMPACT
The agreement provides for a nominal annual fee to the city in
the amount of ten dollars ($10 . 00) . The police services that
will be provided under the agreement will be derived from
existing staff based on the availability of personnel, not
unlike other routine traffic enforcement action by the police
department throughout the city.
r
Motor Vehicle Traffic Regulation at The Mill Apartments
[ May 9, 2003
Page 3
v4vLEGAL IMPACT
The corporation counsel has prepared the proposed agreement and
Mill Associates consents to the terms .
ALTERNATIVES
1 . Agree to enter into the traffic regulation agreement with
Mill Associates authorizing the police department to
enforce traffic regulations on the private streets and
roads in The Mill Apartments development .
2 . Decline entering into the traffic regulation agreement with
Mill Associates so as to prevent the police department from
enforcing traffic regulations on the private streets and
roads in The Mill Apartments development .
RECOMMENDATION
It is recommended that the City Council enter into the traffic
regulation agreement with Mill Associates .
Respectfully submitted for Council consideration.
WTL/sp