96-290 Resolution No. 96-290
RESOLUTION
AUTHORIZING EXECUTION OF A FIRE LANE AGREEMENT WITH
TYLER TOWERS CONDOMINIUM ASSOCIATION
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 Tyler Towers Condominium Association 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: October 9, 1996
Adopted: October 9, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
0
FIRE LANE AGREEMENT
This agreement is hereby made and entered into this
WI day of C, C'T, , 1996, by and between the City of Elgin,
Illinois, a municipal corporation (hereinafter referred to as
"City" ) and Tyler Towers Condominium Association, a
not-for-profit corporation (hereinafter referred to as
"Owner" ) .
WHEREAS, Owner is the sole owner of certain real
property located within the corporate limits of Elgin,
Illinois (hereinafter referred to as "Property" ) , which
property is commonly known as 1450 Plymouth Lane, 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 of vehicles at the aforementioned
parking lot in designated fire lanes; and
WHEREAS, 625 ILCS 5/11-209, authorizes the corporate
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:
See Site Plan Attached as Exhibit A.
2 . Owner shall erect, install and maintain
appropriate 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 designated as fire lanes to be painted bright
yellow with lines and the words "Fire Lane No Parking" . Owner
shall maintain such painted areas in a clear and legible
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 authorized 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.
0
6 . City shall adopt such ordinances as are
necessary 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 create
a joint venture, partnership or employment relationship
between the parties hereto; nor shall this agreement be
construed so as to create any special duty or other
extraordinary liability by City.
9 . 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.
10 . This agreement shall be subject to and 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 agreement
between the parties hereto. This agreement shall replace and
supersede any and all other written or oral agreements between
the parties hereto which may exist.
IN WITNESS WHEREOF the parties have made this
agreement effective the date of final execution of both
parties, as set forth hereunder.
CITY OF ELGIN
By
City Manager
Attest:
/ "Luz a v-.
City Clerk
TYLER TOWERS CONDOMINIUM
ASSOCIATION
By , ( L -----
Its P'tGS/ 6-411-
Attest:
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Agenda Item No.
•
September 19, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, 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 the Tyler Towers Condominium Association for the designa-
tion of fire lanes in certain locations at the Tyler Tower
condominium complex at 1450 Plymouth Lane.
raw BACKGROUND
A request has been received from the Condominium Association
to have selected locations at the complex designated as fire
lanes .
The complex has experienced problems with vehicles parking in
various unmarked locations, making ingress and egress of
emergency equipment difficult, if not impossible, at times .
Designation of the fire lanes and a signed agreement between
the City and the Association will enable the City to enforce
on-street parking regulations on the private street located
on the complex property.
A map indicating the proposed locations, a legal description
of the property and proposed agreement are attached for
reference.
The Police and Fire Departments have both reviewed the pro-
posed locations of the fire lanes at the site 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 the Association.
Designation of Fire Lane
September 19, 1996
Page 2
FINANCIAL IMPACT
There will be no direct costs to the City resulting from this
request. All associated costs are the responsibility of the
Tyler Tower Condominium Association.
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 the execution of the proposed enforcement agreement.
Respectfully submitted,
ohn E. Henrici
fe- Fire Chief
61044e4
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Charles A. Gruber
Police Chief
Richard B. Helwig
City Manager
amp