HomeMy WebLinkAbout89-0209 Fire Lane-Garden QuarterA G R E E M E N T
PURSUANT TO SECTION 11-209.1 of the
ILLINOIS MOTOR VEHICLE CODE
WHEREAS the CITY OF ELGIN has authority to regulate
traffic and parking on semipublic streets within designated
fire lanes; and
WHEREAS the GARDEN QUARTER I ASSOCIATION of Elgin
Townhomes is the governing body for the operation and
maintenance of certain common area, including the private
streets and designated fire lanes contained within its
Property located within the corporate limits of the CITY
OF ELGIN, most specifically those designated fire lanes
as delineated on the attached Exhibit A ; and
WHEREAS the GARDEN QUARTER I ASSOCIATION has authority
pursuant to its Declaration to regulate the use and operation
of parking areas; and is desirous of having the CITY OF
ELGIN enforce and regulate the parking of vehicles in
designated fire lanes, and further desires to enter into
such a contract for such purposes.
W I T N E S S E T H:
That for and in consideration of the mutual promises
and covenants herein contained and by authority of the
applicable Illinois Statutes, GARDEN QUARTER I ASSOCIATION,
owner and operator of the aforementioned Property, and
the CITY OF ELGIN, agree as follows:
1. That fire lanes are hereby established within
those portions of GARDEN QUARTER I ASSOCIATION Property
as shown on Exhibit A attached hereto and made a part
of this Agreement.
2. That GARDEN QUARTER I ASSOCIATION shall erect,
install, and maintain appropriate signs designating such
fire lanes and reading "No Parking Fire Lane" with the
warning "Tow Zone" attached. In the alternative, the GARDEN
QUARTER I ASSOCIATION agrees to pay all costs incurred
by the CITY OF ELGIN in purchasing, erecting, or maintaining
any parking regulation signs necessary, required, or
desirable to be placed on. the Property in connection with
designated fire lanes.
3. That the GARDEN QUARTER I ASSOCIATION shall cause
that portion of its Property designated as fire lanes to
be painted with bright yellow lines and the words "Fire
Lane No Parking" and shall cause said paint to be maintained
in a clear and readable condition.
4. That the presence of any vehicle, including
motorcycles, either standing or parking in such a manner
as to block or obstruct a fire lane is prohibited.
5. That the CITY OF ELGIN shall- cause vehicles
violating the fire lane regulations to be removed and stored
pending payment by the owner of the costs in connection
with said removal and storage.
6. The CITY OF ELGIN agrees to adopt necessary
ordinances to permit enforcement of the fire lane
regulations.
7. It is acknowledged by GARDEN QUARTER I ASSOCIATION
that this Agreement does not and shall not be construed
as a dedication to public use any streets or parking areas,
nor does it prevent the Association from prohibiting use
of the, Property by others for the purposes of vehicular
traffic or parking or from requiring other or additional
regulations than those specified by the CITY OF ELGIN.
8. It is further acknowledged that the CITY OF ELGIN
has no obligation for snow removal or maintenance of the
streets or fire lanes identified herein.
9. That this Agreement may be terminated upon thirty
days written notice by either party.
10. That this Agreement shall be recorded in the
Office of the Recorder of Deeds of Kane County, Illinois,
in accordance with the statue made and provided.
IN WITNESS WHEREOF, the CITY OF ELGIN has caused this
Agreement to be executed by its City Manager, and GARDEN
QUARTER I ASSOCIATION has caused this Agreement to be
executed by a majority of its Board of Directors on behalf
of the Association, this day of !c
CITY OF ELGIN, a Municipal Corporation,
BY:
City ager
GARDEN QUARTER I ASSOCIATION, an Illinois Not -For -Profit Corp.
BY: Its Board of Directors, as follows:
.43oard Member -i
Boar Member
M- A "- i -
rd Iem6er
A. KENT YONKE, ESQ.
Attorney at Law
208 N. West St.
Wheaton,IL 60187
668-8940
t `'. •� •F `' .. ' . . . .
AV
',Omni
pit
CL.
0