HomeMy WebLinkAbout97-268 Resolution No. 97-268
RESOLUTION
AUTHORIZING EXECUTION OF A FIRE LANE AGREEMENT WITH
EDWARD DOHRING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, 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 Edward
Dohring 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/ Kevin Kelly
Kevin Kelly, Mayor
Presented: November 5, 1997
Adopted: November 5, 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
AGREEMENT FOR REGULATING MOTOR VEHICLE
PARKING AND TRAFFIC AT THE SHOPPING CENTER
COMMONLY KNOWN AS 2-12 NORTH STATE STREET
IN THE CITY OF ELGIN, ILLINOIS
THIS AGREEMENT, made and entered into this 4 day of
1997, by and between the City of Elgin, a municipal corporation in the State of Illinois
(hereafter called the "City") and Edward Dohring, an Illinois resident, (hereafter called
'Owner").
WITNESSETH :
WHEREAS, Owner has been lawfully authorized by Edward Dohring, the record
owner of the the a shopping center commonly known as 2 through 12 N. State Street,
Elgin, Kane County, Illinois hereafter referred to as the "Shopping Center"), which
controls a parking area within the limits of the City, and which is legally described as
follows:
AN ALLEY 12 FEET IN WIDTH EXTENDING FROM THE NORTH
LINE OF WEST CHICAGO STREET, FORMERLY BRIDGE STREET
(THE EAST LINE OF WHICH ALLEY IS 90 FEET WESTERLY
FROM THE SOUTHEAST CORNER OF BLOCK NO. 29) NORTH-
ERLY AT RIGHT ANGLE WITH THE SAID WEST CHICAGO
STREET THROUGH LOT 12 AND THE SOUTHERLY 24 FEET OF
SAID LOT 11 IN BLOCK 29 OF THE ORIGINAL TOWN OF ELGIN
ON THE WEST SIDE OF THE FOX RIVER IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS, MORE PARTICULARLY
DESCRIBED AS THE WEST 12 FEET OF THE EAST 102 FEET OF
SAID LOT 12 AND THE SOUTH 24 FEET, MORE OR LESS, OF
THE WEST 12 FEET OF THE EAST 102 FEET OF SAID LOT 11;
and
WHEREAS, Owner desires to enter into an agreement with the City in order to City
to regulate the parking of motor vehicles and traffic at the Shopping Center 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, 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
Shopping Center:
A. A fire lane is established within the described portion of the Shopping
Center's parking area designated on Exhibit A to this Agreement, said
Exhibit A being attached to and made part of this Agreement (hereafter
referred to as the "Fire Lane").
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 vehicle's 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
Shopping Center 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:
Edward Dohring
8 North State Street
Elgin, IL 60120
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
$12.00 per year for each self-renewing one-year period. It is understood between the
parties that such compensation is for the extra police services to be performed under this
contract and not as payment for normal police protection. The City, shall in the exercise
of its sole discretion, determine when the press of regular police business shall preclude
the furnishing of extra police services under this Agreement.
8. The sole remedy available to the Owner, upon any breach of this Agreement by the
City, shall be the cancellation of the Agreement under its terms. It is the essence of this
Agreement that the City shall not be liable in money damages for any breach of this
Agreement.
9. This Agreement shall not be construed to create a joint venture, partnership or
employment relationship between the Owner and the City, nor shall this Agreement be
construed so as to create any special duty or other extraordinary liability by the City.
10. The terms of this agreement shall be severable. In the event that any of the terms
or provisions of this Agreement are deemed to be void or otherwise unenforceable for
any reason, the remainder of this Agreement shall remain in full force and effect.
11. This Agreement shall be subject to and governed by the laws of the State of Illinois.
12. This Agreement shall be recorded by the Owner in the Office of the Recorder of
Deeds of Kane County, Illinois. No regulation made pursuant to the Agreement shall be
effective or enforceable until three (3) days after the Agreement is so recorded.
IN WITNESS WHEREOF, the parties hereto have executed this instrument by their
duly authorized officers the day and year first written above.
CITY OF ELGIN, ILLINOIS OWNER OR CORPORATE OWNER
a municipal corporation of
the State of Illinois
By• By: .( '- 2,-. . . . . . . .
MAYOR TITLE 0
•
(d
City of Elgin Agenda Item No.
4'17Eu0$.
October 15, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT : Request for Fire Lane Designation
PURPOSE
This memorandum will provide the Mayor and members of the
City Council with background information concerning a request
by Mr . Edward Dohring for the designation of a fire lane in
the alley behind 2-12 North State Street.
BACKGROUND
A request has been received from Mr. Edward Dohring, property
manager for the owner of the property in question (the Estate
of Katherine M. Heslin) , to have the alley running north off
of West Chicago Street, behind 2-12 North State Street,
designated as a fire lane .
Mr. Dohring utilizes a parking lot located at the north end
of said alley and has experienced problems with vehicles
parking in the alley, blocking access to and from his parking
lot . The alley would also be utilized by the Fire Department
for fire fighting activities associated with the buildings
adjacent to the alley and aforementioned parking lot.
Designation of the fire lane and a signed agreement between
the City and Mr. Dohring will enable the City to enforce
off-street parking regulations in the alley. The property
owner is responsible for the installation and maintenance of
signs and pavement marking.
A map indicating the proposed location and a legal description
of the property is included in the proposed agreement which
has been attached for your reference .
The Police and Fire Departments have both reviewed the pro-
posed location of the fire lane in the alley and find the
designation to be satisfactory.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
This fire lane designation was initiated as a result of a
request from Mr. Dohring.
Request, for Fire Lane Designation
October 15, 1997
Page 2
14 IMPACT 121
There will be no direct costs resulting from this request .
LEGAL IMPACT
v lone .
dRECOMMENDATION
Staff recommends that the proposed fire lane be so designated
and that staff be directed to prepare a resolution authoriz-
ing the execution of the proposed enforcement agreement .
Respectfully submitted,
John E. Henrici "
Fire Chief
11t)P4-
Charles Gruber
Chief
Ro O. Malm
Int rim City Manager
•
\ -/--- .,, ,
,0o 5y
Pg. 2 . r�;;03 ;o3i \
' 0e`'e4%004
_ �' 4 27
^J •
�32 ct� ob
�Z6m . , 2
0 / -�`� \� -q �1 a
la N
�32 4� -off o \ M 0 o
ieei21. ' / 1./., -* 5'
'11
n • \c t ), JAW ,
v q 6' ;O - � , �
kt
0 \IN _ o oNo30 2(9 ?par+ .1
0 ,jtz10- 0 0 i • as
i
11,
/ C� i3
88 � _s 2\6 2 W�\ 'Cr � 5
o \ r3
\ o D/ 0 -
�`' � O I •
2
3 "6/ -lb / 4 / -°°
a
e �CI 9
b(0 5� 5 34 4 \ , _2
0
2o 3` \ O1/4P k (� '2 3 2
Atk.
A \ o \ / 07 v
\ CSe*i\rg
ice/ 00 - NI 0o 1 4
v`( `O 7\ �` iI 0/25 s //2 x9
o r3
2 , \ o�2\ a� 410 soy 2
\\ o ` \\moo 6N1� .1.
Qo
\\ 3°� '
0 0 5 `s
.� N 92 2\ \5A o /� N
4g c9 N EXHIBIT A ` 3 �0� QQV
/��
�2 U \ 9 i
l� 0 -: ' n