96-248 Resolution No. 96-248
RESOLUTION
AUTHORIZING EXECUTION OF A FIRE LANE AGREEMENT WITH
H.P. SUMMIT PARTNERS LIMITED PARTNERSHIP
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 H.P. Summit Partners Limited Partnership for the
enforcement and regulation of parking in designated fire lanes
at the Jewel/Osco Store at 1040 Summit Street 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 agreement is hereby made and entered into this
.�r1✓,. ay of , 1996, , by and between the
City of Elgin, a muni ipal corporation (hereinafter referred
to as "City" ) and H.P. Summit Partners, Limited Partnership,
a limited partnership corporation (hereinafter referred 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 1040 Summit Street, Elgin, Cook 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 adjacent to the building at 1040 Summit, Elgin, Cook
County, Illinois .
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 AND THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 7 , TOWNSHIP
41 NORTH, RANGE 9 , EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOL-
LOWS: BEGINNING AT THE INTERSECTION OF
THE NORTHLINE OF STATE ROUTE 58, ACCORD-
ING TO THE PLAT OF DEDICATION THEREOF
RECORDED AS DOCUMENT NO. 11323614 , WITH
AN EAST LINE OF HIGHFIELD PLACE, BEING A
SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 17 , 1980 AS DOCUMENT NO.
25393343; THENCE NORTH 00 DEGREES 33
MINUTES 16 SECONDS EAST ALONG AN EAST
LINE OF SAID HIGHFIELD PLACE, 702 . 91 FEET
TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 7;
THENCE NORTH 87 DEGREES 07 MINUTES 45
SECONDS EAST ALONG SAID LAST DESCRIBED
NORTH LINE, BEING ALSO A SOUTHERLY LINE
OF SAID HIGHFIELD PLACE, 342 . 00 FEET TO
THE MOST EASTERLY EAST LINE OF SAID
HIGHFIELD PLACE . BEING ALSO THE SOUTH-
WEST CORNER OF LOT 1 IN COBBLER' S CROSS-
ING UNIT 2, BEING A SUBDIVISION IN THE
SOUTH 1/2 OF SAID SECTION 7 ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 22 , 1989
AS DOCUMENT NO. 89126888; THENCE CONTINU-
ING NORTH 87 DEGREES 07 MINUTES 45 SEC-
ONDS EAST ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 7 AND ALONG THE NORTH LINE
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4
OF SAID SECTION 7 , BEING ALSO THE SOUTH
LINE OF LOT 1 IN SAID COBBLER' S CROSSING
UNIT 2, 284 . 89 FEET TO THE WESTERLY LINE
OF SHADY OAKS DRIVE IN SAID COBBLER' S
CROSSING UNIT 2 ; THE FOLLOWING FOUR
COURSES ARE ALONG THE WESTERLY LINE OF
SAID SHADY OAKS DRIVE; THENCE SOUTHERLY
ALONG A CURVED LINE CONVEX WESTERLY AND
HAVING A RADIUS OF 370 . 00 FEET, AN ARC
DISTANCE OF 126 . 57 FEET TO A POINT OF
TANGENCY IN SAID LINE (THE CHORD OF SAID
ARC BEARS SOUTH 02 DEGREES 48 MINUTES 59
SECONDS EAST, 125 . 96 FEET) ; THENCE SOUTH
12 DEGREES 36 MINUTES 59 SECONDS EAST
ALONG A LINE TANGENT TO SAID LAST DE-
SCRIBED CURVED LINE AT SAID LAST DE-
SCRIBED POINT, 199 .20 FEET TO A POINT OF
CURVATURE IN SAID LINE; THENCE SOUTHERLY
ALONG A CURVED LINE CONVEX EASTERLY,
HAVING A RADIUS OF 500 . 00 FEET AND BEING
TANGENT TO SAID LAST DESCRIBED LINE AT
SAID LAST DESCRIBED POINT, AN ARC DIS-
TANCE OF 104 . 62 FEET TO A POINT OF TANGEN-
CY IN SAID LINE (THE CHORD OF SAID ARC
BEARS SOUTH 06 DEGREES 37 MINUTES 19
SECONDS EAST, 104 . 43 FEET) ; THENCE SOUTH
00 DEGREES 37 MINUTES 39 SECONDS EAST
ALONG A LINE TANGENT TO SAID LAST DE-
SCRIBED CURVED LINE AT SAID LAST DE-
SCRIBED POINT, 19 . 72 FEET TO A POINT
283 . 00 FEET, AS MEASURED ALONG THE WESTER-
LY LINE OF SAID SHADY OAKS DRIVE, NORTH
OF THE INTERSECTION OF SAID WESTERLY LINE
WITH THE NORTH LINE OF STATE ROUTE 58,
AFORESAID;
THENCE NORTH 70 DEGREES 26 MINUTES
53 SECONDS WEST, 124 . 65 FEET;
THENCE SOUTH 89 DEGREES 22 MINUTES
21 SECONDS WEST, 44 . 00 FEET;
THENCE SOUTH 00 DEGREES 37 MINUTES
39 SECONDS EAST, 362 . 00 FEET;
TO A POINT ON THE NORTH LINE OF SAID
STATE ROUTE 58, SAID POINT BEING 161 . 00
FEET, AS MEASURED ALONG SAID NORTH LINE,
WEST OF THE INTERSECTION OF SAID NORTH
LINE OF STATE ROUTE 58 WITH THE WESTERLY
LINE OF SHADY OAKS DRIVE, AFORESAID;
THENCE SOUTH 89 DEGREES 22 MINUTES 21
SECONDS WEST ALONG SAID NORTH LINE OF
STATE ROUTE 58, 537 . 00 FEET TO THE PLACE
OF BEGINNING, IN COOK COUNTY, ILLINOIS
AND
LOTS 3, 4, AND 5 IN HIGHFIELD PLACE,
BEING A SUBDIVISION OF PART OF THE SOUTH
HALF OF SECTION 7 , TOWNSHIP 41 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE COUNTY OF COOK, STATE OF
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.
5 . 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 Cook 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.
CITY OF ELGIN
By It. k4-C2 -L4
City Manager f
Attest
/ 1
�Ni�i sue. LL
City Clerk
H.P. Summit Partners Limited Partnership
By
Its ManagemAfflMF ompany
Hamilton Partners Retail Management
300 Park Boulevard, Suite 201
Itasca, Illinois 60143
At 4111•
OFFICIAL SEAL
4 DAV +,:) C. L;..ICK
4 NOTARY FUWLIC. STATE OF ILLINOIS
4 My ComTY1i;slon xplrlis Mar. 14, 1997'
�`I�`r►'r'y'rlf'�V'�I♦�V�II►'�
1
f U
M /
A Al 7-7777////„,,/
/ 132
�. /
N 1-
L.9 /
i
z ,
• /. .
. / . .
7rm
i o/ o a
CU
m /7/////4V�)/I/
Jo 80 it _ JEWEL - 0 S C 0 (BLDG. 2)
•1040 SU MIA T
�� /
,
6o' -oh
1IliBUILt I,I
ING CD ii � o /
I
I; ;I o
•
I
I ,+ �o
/
f } 304 -O 9
_ . x r3 I_CI-, i, r3 ej ilL3A1 / • I
92'
aim
i W i II 98' 114 io
�/ .
• // '/ / • ', / . ,;./ ..
BLDG. ;�► -` COR N ALL'
M
CORNER)
LINE 4 4. 7 C' ':
1 _
o-�� . . , co \I ?H/C j89�I %.
f H/C H/C H/C H/C PIPES II
../<
f Ii
lit
•
' -/".'< , ,
w -
•
n
riak. Agenda Item No.
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 Hamilton Partners Retail Management
and its agent, Scott G. Krafthefer, for designation of a fire
lane in a certain location at the Jewel-Osco at 1040 Summit
Street.
BACKGROUND
A request has been received from Scott G. Karfthefer, manag-
ing agent for the property, to have a selected area at Jewel-
Osco, 1040 Summit Street, designated a fire zone (Exhibit A) .
The retail store is experiencing problems with traffic flow
and parcel pick-up at the south side of the store. Patrons
parking in the fire lane hamper ingress and egress of emergen-
cy equipment.
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 1040
Summit Street. A map indicating the area of the proposed
agreement is attached for your reference (Exhibit B) .
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
eft The fire lane designation was initiated as a result of the
area beat officer and the managing agent of the property.
Request for Fire Lane Designation
July 17, 1996
Page 2
FINANCIAL IMPACT
Jewel-Osco, through its managing agent, 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,
Charles A. Gruber
Chief of Police
tar 642.)2
Ir
Jo E. Henrici
Fire Chief
Richard B. Helwig
City Manager
CAG:ks