96-247 Resolution No. 96-247
RESOLUTION
AUTHORIZING EXECUTION OF A FIRE LANE AGREEMENT WITH
JEWEL FOOD STORES, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, 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 Jewel Food Stores, Inc. for the enforcement and
regulation of parking in designated fire lanes at the
Jewel/Osco Store at 1600 Larkin Avenue in Elgin, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: August 14 , 1996
Adopted: August 14 , 1996
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FIRE LANE AGREEMENT
This a r e�m�erjt is hereby made and entered into this
day of /i� i� r , 1997 , by and between the
City of Elgin, a municipal corporation (hereinafter referred
to as "City" ) and Jewel Food Stores, Inc . (hereinafter re-
ferred to as "Owner" ) .
WHEREAS, Owner is the sole owner of certain real
property located within the corporate limits of Elgin, Illi-
nois (hereinafter referred to as ( "Property" ) , which property
is commonly known as 1600 Larkin Avenue, Elgin, Kane County,
Illinois ; and
WHEREAS, Property contains an accessory parking
lot; and
WHEREAS, Owner desires to facilitate and empower
City to regulate the parking lot of vehicles at the aforemen-
tioned parking lot in designated fire lanes ; and
WHEREAS, 625 ILCS 5/11-209, authorizes the corpo-
rate authorities of any municipality to enter into contracts
for such parking regulation purposes .
NOW, THEREFORE, in consideration of the mutual
promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties hereto hereby agree
as follows :
1 . Fire lanes are hereby established within the
following described portion of Property: Immediately south
and east and adjacent to the building at 1600 Larkin Avenue,
Elgin, Kane County, Illinois .
LEGAL DESCRIPTION
Lots 2 and 4 of Elgin West being a
Resubdivision of par of Lot 3 and of Lot
5 in Jodi First Subdivision, being a
Subdivision of part of the West Half of
Section 15 , Township 41 North, Range 8
East of the Third Principal Meridian, in
the City of Elgin, Kane County, Illinois .
2 . Owner shall erect, install and maintain appro-
priate signs designating such fire lanes and reading "No
Parking Fire Lane, " with the warning "Tow Zone" included.
3 . Owner shall cause such portion of Property' s
parking lot designating as fire lanes to be painted bright
yellow with lines and the words "Fire Lanes No Parking. "
Owner shall maintain such painted areas in a clear and legi-
ble condition.
4 . Standing or parking of any vehicle in such a
manner so as to block or obstruct any such fire lane shall be
prohibited.
S . City is hereby and empowered to cause vehicles
violating the prohibitions provided by the terms of this
agreement to be ticketed, removed, and stored pending payment
by the registered owner of any such vehicle of the costs of
such removal and storage .
6 . City shall adopt such ordinances as are neces-
sary to permit the enforcement of the terms of this agreement
and the aforementioned parking regulations .
7 . This agreement may be terminated by either
party hereto upon thirty ( 30) days written notice for any
reason.
8 . This agreement shall not be construed to crate
a joint venture, partnership, or employment relationship
between the parties hereto; nor shall this agreement be con-
strued so as to create any special duty or other extraordi-
nary liability by City.
9 . The terms of this agreement shall be sever-
able. In the event that any of the terms or provisions of
this agreement are deemed to be void or otherwise unenforce-
able for any reason, the remainder of this agreement shall
remain in full force and effect .
10 . This agreement shall be subject to an governed
by the laws of the State of Illinois .
11 . This agreement shall be recorded in the office
of the Recorder of Deeds of Kane County, Illinois .
12 . This agreement constitutes the entire agree-
ment between the parties hereto . This agreement shall re-
place and supersede any and all other written or oral agree-
ments between the parties hereto which may exist .
IN WITNESS WHEREOF the parties have made this agree-
ment effective the date of final execution of both parties ,
as set forth hereunder.
C OF GIN
BY A.il.11,
I terim City Manager
Attest
City Clerk
Jewel Food Story, _•c .
By /i jOr
Its • • •er y Manager
Jewel Food Stores, Inc .
1955 W. North Avenue
Melrose Park, IL 60160-1181
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Agenda Item Non
4 ` •��Imo/
July 17, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Request for Fire Lane Designation
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with background information
concerning a request by Jewel Food Stores, Inc. , of Melrose
Park, Illinois, for designation of a fire lane in certain
locations at the Jewel-Osco at 1660 Larkin Avenue, Elgin.
BACKGROUND
A request has been received from Ronald T. Mendes, Assistant
Corporation Counsel for Jewel Food Stores, Inc. , and agent
for Jewel Food Stores, Inc. , for the property at 1600 Larkin
Avenue, a Jewel-Osco retail store, that a certain portion of
their property be designated a fire zone (Exhibit D) .
The retail store is experiencing problems with traffic flow
and parcel pick-up at the south and east sides of the store.
Patrons parking in the fire lane hamper ingress and egress of
emergency vehicles .
Designation of the fire lane and a signed agreement between
the City and Jewel-Osco will enable the City to enforce
on-street parking regulations on the private property at 1600
Larkin Avenue. A map indicating the area of the proposed
agreement is attached for your reference (Exhibit C) .
The Police and Fire Departments have reviewed the proposed
location of the fire lane on this property and find the desig-
nation to be satisfactory.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
tek
The fire lane designation was initiated as a result of the
area beat officer and the store manager of Jewel/Osco.
Request for Fire Lane Designation
July 17, 1996
Page 2
e FINANCIAL IMPACT
Jewel-Osco, through its local managers, will be responsible
for all costs associated with the signage and pavement mark-
ings relative to the fire lanes ' designation.
LEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
Staff recommends that the proposed fire lane be so designated
and that staff be directed to prepare a resolution authoriz-
ing execution of the proposed enforcement agreement.
Respectfully submitted,
u
Charles A. Gruber
' Chief of Police
d
Joh E. Henrici
Fire Chief
1;z !:(2.,...C2__ t'.t . 644LQH
Richard B. Helwig
City Manager
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