14-32 Resolution No. 14-32
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH POPLAR CREEK
TOWNHOMES COOPERATIVE D/B/A CRESTWOOD OF ELGIN
FOR REGULATING MOTOR VEHICLE TRAFFIC AT THE
CRESTWOOD OF ELGIN APARTMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Agreement on behalf of the City of Elgin with Poplar Creek
Townhomes Cooperative d/b/a Crestwood of Elgin for regulating motor vehicle traffic at the
Crestwood of Elgin Apartments in the City of Elgin, Illinois, a copy of which is attached hereto
and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT FOR REGULATING MOTOR VEHICLE TRAFFIC
AT THE CRESTWOOD OF ELGIN APARTMENTS
IN THE CITY OF ELGIN, ILLINOIS
THIS AGREEMENT, made and entered into this 19th day of March ,
2014, by and between the City of Elgin, a municipal corporation in the State of Illinois
(hereinafter called the "City") and Poplar Creek Townhouses Cooperative, d/b/a Crestwood of
Elgin, an Illinois not-for-profit corporation (hereinafter called"Owner").
WITNESSETH:
WHEREAS, Owner is the entity owning, operating or representing an apartment complex
commonly known as Crestwood of Elgin (the "Development," herein), which controls certain
private streets or roads within the limits of the City, and which are legally described as follows:
PARTS OF SECTION 17 AND 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: BEGINNING AT A POINT IN
THE ELGIN RD (ILLINOIS ROUTE 19) WHICH HAS A BEARING NORTH 73 DEGREES
45 MINUTES WEST, 745.14 FEET FROM A POINT ON THE EAST LINE OF SECTION 18,
THENCE NORTH 73 DEGREES 45 MINUTES WEST A DISTANCE OF 304.90 FEET TO A
POINT, THENCE NORTH 14 DEGREES 15 MINUTES EAST A DISTANCE OF 1419.32
FEET TO A POINT, THENCE SOUTH 02 MINUTES 30 MINUTES EAST A DISTANCE OF
860.62 FEET TO A POINT, THENCE SOUTH 3 DEGREES 15 MINUTES WEST A
DISTANCE OF 1385.34 TO A POINT, THENCE NORTH 73 DEGREES 45 MINUTES WEST
A DISTANCE OF 1636.20 TO A POINT, THENCE SOUTH 73 DEGREES 45 MINUTES
EAST A DISTANCE OF 294.36 FEET TO THE POINT OF BEGINNING, ALL IN COOK
COUNTY, ILLINOIS;
and which includes those streets commonly known as follows: Apple Lane, Hemlock Court,
Hemlock Lane, Peachtree Court, Peachtree Lane and Spruce Lane; and,
WHEREAS, Owner desires to enter into an agreement with the City in order to City to
empower the City to regulate the motor vehicle traffic on the Owner's private streets or roads
pursuant to the provisions of Chapter 625, Act 5, Section 11-209.1 of the Illinois Compiled
Statutes; and,
WHEREAS, the City Council of the City and the Board of Directors of the Owner have
authorized the execution of the terms, provisions and conditions of this Agreement.
NOW, THEREFORE, inconsideration 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
Development:
A. The maximum speed limit for any vehicle shall be thirty (30) miles per hour;
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B. Stop signs shall be posted at all exits and the driver of a vehicle merging from the
Development shall stop such vehicle immediately prior to driving onto an adjoining
or intersecting street, and shall yield the right-of-way to any pedestrian as may be
necessary to avoid collision, and upon entering the street or roadway shall yield the
right-of-way to all vehicles approaching on said street or roadway;
C. The provisions of Chapter 11 of the Illinois Vehicle Code, entitled "Rules of the
Road" (625 ILCS 5/11-100 through 625 ILCS 5/11-1516, inclusive), as amended.
2. The City shall erect signs relating to the aforesaid regulations at appropriate places
within the Development, as required by and in conformance with the Illinois Manual on Uniform
Traffic Control Devices and the Illinois Vehicle Code.
3. The Owner does hereby agree to bear the full and complete costs and expenses of
erecting and maintaining any and all such signs necessary for the enforcement of the aforesaid
regulations. Upon the completion of the erection of such signs by the City pursuant to paragraph
2 herein, the City shall submit an invoice to the Owner for the cost of such work as determined
by the City. The owner covenants and agrees to pay the amount of the invoice and reimburse the
City its full cost and expense for the erection of the signs within thirty (30) days of its receipt of
the invoice from the City.
4. The City hereby agrees to regulate the traffic at the Development to enforce the
aforesaid regulations.
5. 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.
6. It is mutually agreed that this Agreement shall cover a period of one (1) year from the
date set forth above, 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, in which case, the
Agreement shall terminate on the first day of January in the next year following the filing of the
cancellation notice. In the event of termination of this Agreement, the Owner shall not be
entitled to receive a refund of any portion of the consideration paid for this Agreement, nor shall
the Owner be entitled to any compensation or reimbursement for any costs or expenses incurred
or in any way arising from this Agreement or relating to the construction, installation,
maintenance and/or removal of any traffic signs or improvements pursuant to this Agreement,
nor to any monetary damages of any kind whatsoever.
7. Whenever notice to the City is required, it shall be addressed to:
City Clerk
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
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When notice to the Owner is required, it shall be addressed to:
Poplar Creek Townhouses Cooperative
d/b/a Crestwood of Elgin
45 Poplar Creek Drive
Elgin, IL 60120
8. The Owner hereby agrees to release and hold harmless and defend, including the
payment of all costs and attorneys fees, the City, its officers and agents, in connection with any
and all actions or claims for any loss, damage, personal injury or death occurring as a
consequence of the performance of this Agreement, and shall procure insurance to protect, save
harmless and indemnify the City pursuant thereto. Such insurance shall be in minimum amount
of five hundred thousand dollars ($500,000.00) for each person injured and one million dollars
($1,000,000.00) aggregate per accident and five hundred thousand dollars ($500,000.00) for
property damages for each accident. This insurance must name the City as an additional insured
with right to notice of cancellation. The insurance required by this Agreement shall be
occurrence-based and shall remain in effect for the duration of this Agreement. Upon the
execution of this Agreement, the parties hereto do hereby certify that each has passed a proper
resolution authorizing the execution and ratifying the terms, provisions and conditions of this
Agreement.
9. 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 ten dollars
($10.00) 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.
10. 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. In no event shall the City be
liable for monetary damages, including, but not limited to, compensatory, consequential or
incidental damages or attorney's fees, arising from or in any way related to any breach or other
violation of the terms of this Agreement. It is the essence of this Agreement that the City shall
not be liable in money damages for any breach of this Agreement.
11. 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.
12. 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.
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13. This Agreement shall be deemed to have been made in, and shall be construed in
accordance with, the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
14. This Agreement is intended solely for the benefit of the parties hereto, and nothing
herein shall be construed, either expressly or impliedly, to extend rights, special duties, or
obligations in favor of any other person or entity, or to create any additional beneficiaries of this
Agreement. The delegation of all responsibilities by and among the parties as described herein is
only as a matter of administrative convenience and shall not be construed to create any duty or
standard of care to third parties not otherwise imposed by law. It is further understood and
agreed that nothing herein is intended or shall be construed as altering, limiting or waiving the
provisions of the Local Governmental and Governmental Employees Tort Immunity Act (745
ILCS 10/1-101, et seq., as amended), or such other immunities provided by law, it being agreed
that all civil immunities as set forth in such Act, as amended, and/or such other immunities
provided by law, shall apply to the fullest extent permitted by law to any claims asserted or that
might be asserted against the City as a result of this Agreement or any actions of the parties taken
pursuant to this Agreement.
15. This Agreement is the only agreement between the parties hereto. There are no other
agreements, either oral or implied, between the parties hereto regarding the subject matter of this
Agreement. This Agreement may not be modified or amended without the written Agreement of
the parties hereto.
16.No official, director, officer, agent or employee of the City or Poplar Creek
Townhouses Cooperative shall be charged personally or held contractually liable under any term
or provision of this Agreement, or because of their execution, approval or attempted execution of
this Agreement.
17. This Agreement shall be binding on the parties hereto and their respective successors
and permitted assigns; provided, however, that the Owner may not assign, transfer or otherwise
convey its rights or obligations under this Agreement without the prior written consent of the
City, which may be withheld in such City's sole discretion.
18. This Agreement is and shall be deemed to be construed as a joint and collective work
product of the City and the Owner and, as such, this Agreement shall not be construed against
the other party, as the otherwise purported drafter of same, by any court of competent
jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the
terms and provisions contained herein.
19. It is understood and agreed by the parties that no regulation set forth in this
Agreement shall be effective or enforceable until the adoption of an enabling ordinance by the
City.
SIGNATURE PAGE FOLLOWS
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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 POPLAR CREEK TOWNHOUSES
a municipal corporation of COOPERATIVE d/b/a CRESTWOOD OF
the State of Illinois ELGIN
BY: I_ ////. /I.'Sil� �' 0{.41
By: �L ���/G2 zc.
Mayor t , G
Its: 5",f/e.4 z ,
Attest:
City Clerk
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PRODUCER CONTACT
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