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86-0113 Tyler Creek Parking Recorded FILED FOr KANE COUNTY,ILL. 1 776607 1986 JUN 18 AM 9: 15 U Uj RECORDER State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true,and correct copy of Resa1ut.ion..authar.iz ing..an..agreement..wit h AggP.G.ition to regulate p.arking..witbin..tbe..Tyler..C. .eelk.. hopping Center., the origin! of wh#ch is entrusted to my care for safe keeping. • hi Witness Whereof,',have hereunto set my hand and affixed the corporate seal of the o City of Agin at tTi 'risid'City iii the County and State aforesaid this 3 Jr g t. day of , 19 86 Clerk. (SEAL) ilx7660l • • • RESOLUTION AUTHORIZING AN AGREEMENT WITH ELGIN INTERSTATE ASSOCIATION TO REGULATE PARKING WITHIN THE TYLER CREEK SHOPPING CENTER WHEREAS, the City of Elgin is a municipal corporation and a home rule unit of the State of Illinois; and WHEREAS, Elgin Interstate Association, a California Partnership, is the owner of certain real property within the City of Elgin upon which is located the Tyler Creek Shopping Center; and WHEREAS, Elgin Interstate Association desires to empower the City of Elgin to regulate the parking of automobiles and traffic at such parking area in a certain manner; and WHEREAS, Section 11.209 of Chapter 95Y2 of the Illinois Revised Statutes, 1985, authorizes the corporate authorities of any municipality to enter into such a contract for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to enter into a written contract on behalf of the City of Elgin with Elgin Interstate Association for the regulation of the parking of auto- mobiles and traffic in the parking lot accessory to the Tyler Creek Shopping Center, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that said contract shall be recorded in the Office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 13; 1986 Adopted: January 13, 1986 Vote: Yeas 7 Nays 0 Recorded: Attest: s/Marie Yearman Marie Yearman, City Clerk This document prepared by: Assistant Corporation Counsel Daniel Blondin City of Elgin 150 Dexter Court Elgin, Ill. 60120 ! x' 76607 AGREEMENT WHEREAS, Elgin Interstate Associates, a California partnership (here- after EIA), owns portions of and, as Cannon Area Maintenance Director, operates the entire Tyler Creek Plaza Shopping Center, which is within the corporate limits of the City of Elgin, Illinois (hereafter Elgin); and WHEREAS, said shopping center has a parking lot accessory to the shopping center buildings; and WHEREAS, Elgin Interstate Associates desires to empower the City of Elgin to regulate the parking of vehicles in designated fire lanes; and WHEREAS, Section 11-209 of Chapter 951 of the Illinois Revised Stat- utes, 1971, authorizes the corporate authorities of any municipality to enter into such a contract for such purposes. WITNESSETH: That for and in consideration of the mutual promises and covenants herein contained and by authority of the applicable State statutes, Elgin Interstate Associates, owner and/or operator of the following described property located within the City of Elgin, County of Kane: "Lots 1, 2, 3, 4, 5, and 6 of the Tyler Creek Plaza Subdivision located in Elgin, Kane County, Illinois" commonly known as, #2 through #80 Tyler Creek Plaza, Elgin, Illinois, and the City of Elgin, a municipal corporation, agree as follows: 1. That fire lanes are hereby established within that portion of EIA's parking lot as shown on Exhibit A attached to and made a part of this agreement. 2. That EIA shall erect, install, and maintain appropriate signs designating such fire lanes and reading "No Parking Fire Lane" with the warning "Tow Zone" attached. 3. That EIA shall cause that portion of their parking lot designated as fire lanes to be painted in bright yellow with lines and the 116607 words "Fire Lane No Parking" and shall cause said paint to be maintained in a clear and readable condition. 4. That standing or parking of any vehicle in such a manner as to block or obstruct the fire lane is prohibited. 5. That the City of Elgin shall cause vehicles violating the above regulations to be removed and stored pending payment by the registered owner of the costs of said removal and storage. 6. That the City of Elgin agrees to adopt necessary ordinances to permit enforcement of the above regulations. 7. That this agreement may be terminated upon thirty days written notice by either party. 8. That this agreement shall be recorded in the office of the Recorder of Deeds of Kane County, Illinois, in accordance with the statute made and provided. IN WITNESS WHEREOF the City of Elgin has caused this agreement to be executed by its City Manager, and Elgin Interstate Associates has caused this rA- agreement to be executed by its designated General Partner this 13 day of siooduzii, CITY OF ELGIN, a municipal corporation Attest :qa_ . City Clerk Pity Mana ELGIN INTERSTATE ASSOCIATES, a California partnership By: tAaA4•40 ph J. atal Partner / 76607 - 2 - • . . , . , r) •• .. • • i C . • • . . • . I I I , I I I I I 0 I . I i•. 7.,,.1 11 • I I Jc= . . .--,Nir_Ert-z-.1.1ti lir P'' . i:5=P oil: a III I I III! 5.71 1 11 _ . 4 ,..;d4 i .: ...: i 'fil .... - 1 .1:=1:Vi', III '.1,s...._ , • r. l•it• :I 4 ‘' It.."-\. 7 t.{Jil4 , 1 t --1-10..: . it.r.,\_.-•:_ .!' iiiii-.1i_,11 rj ) f f , 1-. ;;:fr.s.g.,j 1••• • i ' -ily., or. .- ;F:::::!!! RA - Yr 31 Ai i ::7--... .. 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" . 4 N.." i•ile.mi _ .....4.1 ; ., A - I: .1 i,' ..1 111 •irt(H1 ;11.11 • i I D - ti — ..I . ! 11 1111:1: I 111111:N11111 4 .,-,. ' a gior. ..0 0 ill lo - . 1 - iii II ig 1 I Hi, , I 1 I ii Po 1 ( _ il 1 _ - .. ,•• . 11, i I' i' t.' ,1 _. -- ,------,.1 1 I L MEM all ,q.,.... • . 1.•••‘. Wm....v, '' ..... ...„...; • ...'.. .... __=7. *. -- . '-'--—'...- 7 1-...---2- Fib _.4"..7.-1..21,,_ •-•'...."-:=1-- IT II .....A----.--..-- .pn i a uErIaDT4 out --... ...0 --— ........ 1 —, - -4.- ---r- • IT if-- • . 11H - -• I . I . I • I - I - I • I • I - I . I . I . f • The Premises are more clearly delineated as outlined in red on Exhibit A-1 attached hlripit -; 1 6 6 EXHIBIT "A° ....5 0 7 1 1 , • TELEPHONE 312/695-6500 csf tic o o• i i • t o �I: • 11 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 -foFt0'; March 31, 1986 Ralph J. De Marco, President Interstate Shopping Centers , Inc. 1505 East 7th Street Suite 202 Santa Ana, California 92701 Dear Mr. DeMarco: I am enclosing a fully executed copy of the Agreement between the City of Elgin, and Elgin Interstate Associates , which provides for the regulation of vehicles parking in designated fire lanes, on property commonly known as, #2 through #80 Tyler Creek Plaza, Elgin, Illinos. If I can be of any further assistance to you, please do not hesitate to let me know. Very truly yours , Marie Yearma, enc. City Clerk