01-263 Resolution No. 01-263
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR REGULATING
MOTOR VEHICLE PARKING AND TRAFFIC
(717, 719 & 721 West Highland Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and
directed to execute an Agreement for Regulating Motor Vehicle
Parking and Traffic at 717 , 719 & 721 West Highland Avenue on
behalf of the City of Elgin with Highland House Associates, L. P.
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/ Ed Schock
Ed Schock, Mayor
Presented: September 26, 2001
Adopted: September 26, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT FOR REGULATING MOTOR VEHICLE
PARKING AND TRAFFIC AT
717, 719 & 721 WEST HIGHLAND AVENUE
IN THE CITY OF ELGIN, ILLINOIS
THIS AGREEMENT, made and entered into this ,/Oh day of Ster - , 2001, by and
between the City of Elgin, a municipal corporation in the State of Illinois (hereafter called the
"City") and The Highland House Associates, a limited partnership organized pursuant to the
laws of the State of Illinois, (hereafter called "Owner").
WITNESSETH :
WHEREAS, Owner is the record owner of certain real property improved with a residential
apartment building commonly known as 717, 719 and 721 West Highland Avenue, Elgin, Kane
County, Illinois, (hereafter referred to as "Apartment Complex"), and which is legally described
as follows:
Parcel 1: Lot 4 in Block 2 of S. Wilcox Addition to Elgin, in the City of Elgin,
Kane County, Illinois
Parcel 2: That part of the West I/z of Section 14, Township 41 North, Range 8
East of the Third Principal Meridian described as follows:
Commencing at the Southeast Corner of Lot 7 in Block 2 of Wilcox Addition to
Elgin, thence East along the South line extended of said Lot 7, 66 feet; this point
hereinafter referred to as point"A"thence West along the last described course 14.6
feet for the point of beginning; thence West along the last described course
extended 51.4 feet to the East line of said Block 2; thence South along East line,
198 feet to the Southeast corner of Lot 4 in said Block 2; thence East along the
South line extended of said Lot 4, 202.2 feet to the West line of Block 2 of
Bosworth's Addition to Elgin thence North, 116.5 feet to a line drawn parallel with
and 16.5 feet Westerly of (measured along the Southerly line of Highland Avenue)
the Westerly line of Los 2, 3 and 4 in Block 2 of Bosworth's Addition aforesaid;
thence Northeasterly along said parallel line, 282 feet to the Southerly line of
Highland Avenue; thence Northwesterly along said Southerly line 186.55 feet to
a line drawn northerly, parallel with the Easterly line of said Block 2 of S. Wilcox
Addition to Elgin, from a Point 'A' aforesaid, thence Southwesterly 237 feet to the
point of beginning; in the City of Elgin, Kane County, Illinois.
and
WHEREAS, Owner desires to enter into an agreement with the City in order to regulate the
parking of motor vehicles and traffic at the Apartment Complex 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, in consideration 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
Apartment Complex:
•
•
A. A fire lane is established within the Apartment Complex as highlighted and
designated on Exhibit A to this Agreement, said Exhibit A being attached to and
made part of this Agreement..
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 vehicles 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 Apartment
Complex 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:
Eric Welton
Highland House Associates, L.P.
1996 S. Kirk Road
Geneva, IL 60134
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. To the fullest extent permitted by law, Owner agrees to indemnify, defend and hold
harmless the City, its officers, employees and boards and commissions against any and all
claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or resulting
pursuant to performance of this agreement or alleged to arise out of any reckless or negligent
acts or omissions of Owner's officers, employees or agents in the performance of this agreement.
In the event of any action against the City, its officers, employees, agents boards or
commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action
shall be defended by legal counsel of the City's choosing.
9. 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.
10. 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.
11. 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.
12. This Agreement shall be subject to and governed by the laws of the State of Illinois.
13. 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 HIGHLAND HOUSE ASSOCIATES, L.P.
a municipal corporation of
the State of Illinois
By: B
Y: y.
MAYOR Eric Welton
Regional Manager and
Authorized Agent for the Owner
F:\Legal Dept\Agreement\FireLane-717 W Highland.wpd
08/30!01 THU 10:36 FAX 6302325945 SANDY WEGMAN 0002
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LEGAL DESCRIPTION
PARCEL 1:
LOT 4 IN BLOCK 2 OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN. KANE
COUNTY, ILLINOIS
PARCEL 2:
THAT PART OF THE SV135J: 1/2 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
TRR 'T'T4T17T1 PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 2 OF WILCOX ADDITION TO"
ELGIN, IW NCE MAS1. ALONG THE SOU'1'ki LINE EXTENDED OF SAID LOT 7, 66 FEET; IBIS
POINT HEREINAFTER PRFFRPRO TO AS POINT "A" THENCE WEST ALONG THE LAST
DESCRIBED COURSE 14.6 FEET FOR THE POINT OP BEGINNING; THENCE WEST ALONG THE
LAST DESCRIBED COURSE EXTENDED 51.4 i't:1i'1` 1'U THE EAST LINE OF SAID BLOCK 2;
THRNCE SOUTH ALONI7 RAAT T,TNF,, 1911 FEET TO TAR SOUTHEAST CORNER OF LOT 4 IN
SAID BLOCK 2; THENCE EAST ALONG THE SOUTH LINE EXTENDED OF SAID LOT 4, 202.2
FEET TO THE WEST LINE OF BLOCK 2 Ur HUSWUKTH'S AJJC:I TLON TO ELGIN THENCE NORTH
ALONG THE WF"ST T,TTJR (1F SATO RTOC'K 2 AND SAID WEST LINE EXTENDED NORTH, 116.5
FEET TO A LINE DRAWN PARALLEL WITH AND 16.5 FEET WESTERLY OF (MEASURED ALONG
THE SOUTHERLY LINE OF HIGHLAND AVENUE) THE WLr:a'1EEL):,INE OF LOTS 2, 3, AND 4
IN BLOCK 7 OF ROSwnRTV'S ATIT)TTTON AFORESAID:THENCE NORTHEASTERLY ALONG SAID
PARALLEL LINE, 282 FRET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE; THENCE
NORTHWESTERLY ALONG SAID EUUTHEMLI LINE J.6b-55 FEET TO A LINE DRAWN NORTHERLY,
PAPALT.R,T. torrTU TuR RAGTFRT,Y TINE OP SAID BLOCK 2 OF S. WILCOX ADDITION TO
ELGIN, FROM A POINT 'A' AFORESAID, THENCE SOUTHWESTERLY 237 FEET TO THE POINT
OF BEGINNING, 1N THE CITY U: ELGIN, K.41Yb COUNTY, ILLINOIS.
P.I.L_##: 06-14-328-004-0000 & 06-14-328-008-0000
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08/30/01 THU 10:36 FAX 6302325945 SANDY WEGMAN E1002
LEGAL DESCRIPTION
PARCEL 1:
LOT 4 IN BLOCK 2 OF S. WILCOX ADDITION '10 ELGIN, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS
PARCEL 2:
THAT PART OF THE W1 1; 1/2 OF SECTION 14, TOWNSHIP 41 NORTEY, RANGE 8 EAST OF
PRP: 'i'FZ7RT1 PRTWCTPAL MERIDLAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 2 OF WILCOX ADDITION TO
ELGIN, THENCE EAST ALONG THE souTm LINE EXTENDED OF SAID LOT 7, 66 FEET; TFIIS
POINT HEREINAFTER RRFRRRR) TO AS POINT "A" THENCE WEST ALONG THE LAST
DESCRIBED COURSE 14.6 FEET FOR 'rkI POINT OP BEGINNING; THENCE WEST ALONG THE
LAST DESCRIBED COURSE EXTENDED 51.4 !'EST '1'U THE EAST LINE OF SAID BLOCK 2;
THENCE SOUTH ALONG FAST LINE, 19A FRET TO THE SOUTHEAST CORNER OF LOT 4 IN
SAID BLOCK 2; THENCE EAST ALONG THE SOUTH LINE EXTENDED OF SAID LOT 4, 202.2
FEET TO THE WEST LINE OF BLOCK 2 Or 6V5wutt7'H'B ALli .J ON TO ELGIN THENCE NORTH
ALONG THE WR:ST T.ThTF: OF GATfl PTO 2 AND SAID WEST LINE EXTENDED NORTH, 116.5
FEET TO A LINE DRAWN PARALLEL WITH AND 16-5 FEET WESTERLY OF (MEASURED ALONG
THE SOUTHERLY LINE OF HIGHLAND AVENUE) 'L HE WJ:S'1'EKL: LINE OF LOTS 2, 3, AND 4
IN BLOCK 7 CIF T Awnwr 'S AnDTTTON AFORESAID:THENCE NORTHEASTERLY ALONG SAID
PARALLEL LINE, 282 FRET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE; THENCE
NORTHWESTERLY ALONG SAID SUU'1'tiE1tLY LINE .L815- 5 FEET TO A LINE DRAWN NORTHERLY,
PAP.RLT,RT. WT'1'H 17T7 RAGTRRTY TINE OF SAID BLOCK 2 OP S. WILCOX ADDITION TO
ELGIN, FROM A POINT .'A' AFORESAID, THENCE SOUTHWESTERLY 237 FEET TO 2'H2 POINT
OF BEGINNING, 1N THE C:1T1 U:' ti.,u111, mot; COOL Y, ILLINOIS.
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'1 City of Elgin Agenda Item No.
ncr� ' ( it
1
'PA TED FFb �,
L
September 5, 2001 G
N
TO: Mayor and Members of the City Council SAFE COMMUNITY
FROM: Joyce A. Parker, City Manager
SUBJECT: Fire Lane Designation - 717-721 West Highland
PURPOSE
This memorandum will provide the Mayor and members of the City
Council with background information concerning a request by the
Highland House Associates, L.P. for the designation of fire lanes
at various locations within the parking lot areas of the Highland
House apartment complex.
BACKGROUND
A request has been received from the Highland House Associates,
L.P. to have all perimeter areas around their parking lots
designated as a fire lanes.
The management personnel at the Highland House and Elgin Police
Department Resident Officer Robert Hartman recognized that when
vehicles are parked anywhere in the parking lots other than the
designated parking stalls, ingress and egress of emergency vehicles
is difficult, if not impossible. The Fire Department reviewed the
situation and determined that the fire lanes were necessary for
adequate emergency vehicular access to the complex.
Designation of the fire lane and a signed agreement between the
City and the Association will enable the City to enforce off-street
parking regulations on the private property located within the
complex property.
A map indicating the proposed location, a legal description of the
property and proposed agreement are attached for reference.
The Police and Fire Departments have both reviewed the proposed
location of the fire lane at the site and find the designation to
fek be satisfactory.
rm. Fire Lane - 717 West Highland Avenue
September 7, 2001
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
This fire lane designation proposal was initiated as a result of a
request from the complex management . No other community groups are
involved with the request .
vpFINANCIAL IMPACT
There will be no direct costs to the City resulting from this
request . All associated costs are the responsibility of the
Highland House Associates, L. P. .
wpvTZEGAL IMPACT
None.
ALTERNATIVES
None.
tow
RECOMMENDATION
Staff recommends that the proposed fire lane be so designated and
that staff be directed to prepare a resolution authorizing the
execution of the proposed enforcement agreement .
pectfully submit d,
Joyce A. Parker
City Manager
SGB/st
emk
08/30/01 THU 10:36 FAX 6302325945 SANDY WEGMAN 1 002
• t.
LEGAL DESCRIPTION
PARCEL 1:
LOT 4 IN BLOCK 2 OF S. WILCOX ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS
PARCEL 2:
THAT PART OF HE MST 1/2 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
TEE 'T'Fi1RT1 PRTNCTPAL MERIDIAN DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 IN BLOCK 2 OF WILCOX ADDITION TO'
ELGIN, THENCE EAST ALONG 'Ltth SOUTh LINE EXTENDED OF SAID LOT 7, 66 FEET; THIS
POINT HEREINAFTER PEFRRRRO TO AS POINT "A" THENCE WEST ALONG THE LAST
DESCRIBED COURSE 14.6 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE
LAST DESCRIBED COURSE EX ENVEU 51.4 kEET '1V THE EASE.' LINE OF SAID BLOCK 2;
THENCE SOUTH ALONG FAST T.TNE, 19R FFRT TO THE SOUTHEAST CORNER OF LOT 4 IN
SAID BLOCK 2; THENCE EAST ALONG THE SOUTH LINE EXTENDED OF SAID LOT 4, 202.2
FEET TO THE WEST LINE OF BLOCK 2 Ur HO5WUKTTH U ADLI1'1ON TO ELGIN THENCE NORTH
ALONG THE WEST T,TWR nR RATT] PUNIC 2 AND SAID WEST LINE EXTENDED NORTH, 116.5
FEET TO A LINE DRAWN PARALLEL WITH AND 16.5 FEET WESTERLY OF (MEASURED ALONG
THE SOUTHERLY LINE OF H1CHLANU AVENUE) THE WEETS LX LINE OF LOTS 2, 3, AND 4
IN BLOCK 7 4F WANOR1 'R ATN)TTTON AFORESAID;THENCE NORTHEASTERLY ALONG SAID
PARALLEL LINE, 282 FEET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE; THENCE
NORTHWESTERLY ALONG SAID SUUTHENDI LINE 186. 5 FEET TO A LINE DRAWN NORTHERLY,
PARALLFt. W7'1`Ft TM1 RAATRRT.Y TINE OF SAID BLOCK 2 OF S. WILCOX ADDITION TO
ELGIN, FROM A POINT 'A' AFORESAID, THENCE SOUTHWESTERLY 237 FB3T TO THE POINT
OF BEGINNING, IN TEE CITY U: ELGIN, KABb COUNTY, ILLINOIS.
P.I.N.#: 06-14-328-004-0000 & 06-14-328-003-0000
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