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2006-044A 0 ORDINANCE NO. 2006- 44 An Ordinance Approving An Agreement Pertaining to Regulation of Vehicles, Traffic and Parking WHEREAS, the Village of Buffalo Grove is a Home Rule Unit of government pursuant to the Illinois Constitution of 1970; and WHEREAS. AMLI Management Company, a Delaware corporation operates and represents two apartment projects within the corporate limits of the Village, to wit: (i) AMLI at Chevy Chase, and (ii) AMLI at Windbrooke: and WHEREAS, AMLI has filed a written request pursuant to Section 5/11 -209.1 of Chapter 625 of the Illinois Compiled Statutes (625 ILCS 5/11 - 209.1), requesting that the Village and its police department establish traffic and parking regulations and regulate traffic, parking and access to AMLI's property and enforce Village ordinances thereon. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. The "Agreement Pertaining to Regulation of Vehicles, Traffic and Parking" between the Village of Buffalo Grove and AMLI, which is attached hereto and made a part hereof is hereby approved. The Village President and Village clerk are hereby authorized to execute said Agreement. Section 3. This ordinance shall be effective upon its passage and approval. This ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAYES: 0 None ABSENT: 1 - Rubin PASSED: August 7 , 2006. APPROVED: August 7 , 2006. APPROVED: Vi ge resident ATTEST: Vill Jerk F :\CLIENTS \103 - Buffalo Grove\Amli Traffic Agreement \Ordinance Approving 6- 12 -06.doc 0 C1 AGREEMENT PERTAINING TO REGULATION OF VEHICLES, TRAFFIC AND PARKING This Agreement is made and entered into, by and between the Village of Buffalo Grove, a home rule municipal corporation, in Lake and Cook Counties, Illinois, (hereinafter referred to as the "Village, ") and AMLI Management Company, a Delaware corporation, (hereinafter referred to as the "AMLI "). WITNESSETH: WHEREAS, the Village of Buffalo Grove, as a home rule unit of governmental, may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to license pursuant to the Illinois Constitution of 1970; and WHEREAS. AMLI operates and represents two apartment projects within the corporate limits of the Village, to wit: (i) AMLI at Chevy Chase, and (ii) AMLI at Windbrooke, (hereinafter referred to as the "Property") both of which are legally described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, AMLI at Chevy Chase and AMLI at Windbrooke, each consist of ten or more apartments, and both of which have located thereon private streets, roads, driveways, parkways, parking areas or other private property open to or used by vehicular traffic; and WHEREAS, Amli has filed a written request pursuant to Section 5/11 -209.1 of Chapter 625 of the Illinois Compiled Statutes (625 ILCS 5/11- 209.1), requesting that the Village and its police department establish traffic and parking regulations and regulate traffic, parking and access to the Property and enforce Village ordinances thereon; and WHEREAS, the Village desires to enforce traffic, vehicular and parking regulations on the Property pursuant to the powers and authority vested in it as a home rule unit of government, in the Illinois Compiled Statutes, and the Buffalo Grove Municipal Code. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE FOLLLOWING COVENANTS AND AGREEMENTS, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The foregoing recitals are hereby incorporated herein and made a part hereof. 2. The Village is hereby empowered to establish regulations for the parking and movement of automobile traffic on the Property and further empowered to enforce said regulations. The Village, in order to further accomplish the purpose of this Agreement may, and not by way of limitation, do any or all of the following on the Property: (a) Enforce the Buffalo Grove Municipal Code and applicable Village ordinances, and • (b) Enforce traffic regulations as set forth in the Illinois Vehicle Code (625 ILCS 511 -100 et seq.). 3. Amli does hereby grant to the Village, its employees and agents the right of access to the Property for the purposes of enforcing the terms of this Agreement 4. That the term of this Agreement shall be for five (5) years from the date of the approval of this Agreement by the Corporate Authorities of the Village and be automatically renewable for three (3) additional five year terms unless canceled by either party, in writing, at least three (3) months prior to the end of any term. Notwithstanding the foregoing, this Agreement may not be cancelled within twelve (12) months after the date of the original written request by Amli. 5. That this Agreement shall be effective upon its execution by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Agreement to be witnessed by their respective duly authorized officers. Date: August 7 , 2006 VILLAGE OF BUFFALO GROVE, a home rule municipal corporation in Lake and Cook Counties, Illinois a Title: Village President Date: 2006 AMLI Management Company, a Delaware corporation By: c= Title:t. /��. FX1,1ENTS \103 - Buffalo Grove \Traffic Agreement\ Amli Traffic Agreement 6- 12- 06.doc 2 0 Exhibit "A" Legal Description of Amli at Cheyy Chase and Amli at Windbrooke LOTS 1, 2 AND 3 IN THE LINCOLN CLUB SUBDIVISION, RECORDED FEBRUARY 3, 1987 AS DOCUMENT NO. 2538297, IN LAKE COUNTY, ILLINOIS. P.I.N. 15 -34- 400 -267, 15 -35- 300 -172 AND15 -35- 300 -173 LOT 1 IN THE WINDBROOKE SUBDIVISION, RECORDED JANUARY 8, 1986 AS DOCUMENT NO. 2411928, IN LAKE COUNTY, ILLINOIS. P.I.N. 15 -28- 410 -002 3 STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on August 7, 2006, the Corporate Authorities of the Village passed and approved Ordinance No. 2006 -44 entitled: An Ordinance Approving an Agreement Pertaining to Regulation of Vehicles, Traffic and Parking provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2006 -44, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was August 8, 2006 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 8th day of August, 2006. '� ®/ / • GCS %'�L -�(/�� Villag Jerk By r; ORDINANCE NO. 2006- 44 An Ordinance Approving An Agreement Pertaining to Regulation of Vehicles, Traffic and Parldng WHEREAS, the Village of Buffalo Grove is a Home Rule Unit of government pursuant to the Illinois Constitution of 1970; and WHEREAS. AMLI Management Company, a Delaware corporation operates and represents two apartment projects within the corporate limits of the Village, to wit: (i) AMLI at Chevy Chase, and (ii) AMLI at Windbrooke: and WHEREAS, AMLI has filed a written request pursuant to Section 5/11 -209.1 of Chapter 625 of the Illinois Compiled Statutes (625 MCS 5/11- 209.1), requesting that the Village and its police department establish traffic and parking regulations and regulate traffic, parking and access to AMLI's property and enforce Village ordinances thexeon. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE, and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. The "Agreement Pertaining to Regulation of Vehicles, Traffic and Parking" between the Village of Buffalo Grove and AMLI, which is attached hereto and made a part hereof is hereby approved. The Village President and Village clerk are hereby authorized to execute said Agreement. Section 3. This ordinance shall be effective upon its passage and approval. This ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAYES: 0 - None ABSENT: 1 - Rubin PASSED: August 7 , 2006. APPROVED: August 7 , 2006. APPROVED: Z2�Ae Vi ge resident ATTEST: Vill Jerk F: \CLIENTS \103- Buffalo Grove\Amli Traffic Agreement \Ordinance Approving 6- 12 -06.doc AGREEMENT PERTAINING TO REGULATION OF VEHICLES, TRAFFIC AND PARKING This Agreement is made and entered into, by and between the Village of Buffalo Grove, a home rule municipal corporation, in Lake and Cook Counties, Illinois, (hereinafter referred to as the "Village, ") and AMLI Management Company, a Delaware corporation, (hereinafter referred to as the "AMLI "). WITNESSETH: WHEREAS, the Village of Buffalo Grove, as a home rule unit of governmental, may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to license pursuant to the Illinois Constitution of 1970; and WHEREAS. AMLI operates and represents two apartment projects within the corporate limits of the Village, to wit: (i) AMLI at Chevy Chase, and (ii) AMLI at Windbrooke, (hereinafter referred to as the "Property") both of which are legally described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, AMLI at Chevy Chase and AMLI at Windbrooke, each consist of ten or more apartments, and both of which have located thereon private streets, roads, driveways, parkways, parking areas or other private property open to or used by vehicular traffic; and WHEREAS, Amli has filed a written request pursuant to Section 5/11 -209.1 of Chapter 625 of the Illinois Compiled Statutes (625 ILCS 5/11- 209.1), requesting that the Village and its police department establish traffic and parking regulations and regulate traffic, parking and access to the Property and enforce Village ordinances thereon; and WHEREAS, the Village desires to enforce traffic, vehicular and parking regulations on the Property pursuant to the powers and authority vested in it as a home rule unit of government, in the Illinois Compiled Statutes, and the Buffalo Grove Municipal Code . NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE FOLLLOWING COVENANTS AND AGREEMENTS, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: The foregoing recitals are hereby incorporated herein and made a part hereof. 2. The Village is hereby empowered to establish regulations for the parking and movement of automobile traffic on the Property and further empowered to enforce said regulations. The Village, in order to further accomplish the purpose of this Agreement may, and not by way of limitation, do any or all of the following on the Property: (a) Enforce the Buffalo Grove Municipal Code and applicable Village ordinances, and (b) Enforce traffic regulations as set forth in the Illinois Vehicle Code (625 ILCS 511 -100 et seq.). 3. Amli does hereby grant to the Village, its employees and agents the right of access to the Property for the purposes of enforcing the terms of this Agreement 4. That the term of this Agreement shall be for five (5) years from the date of the approval of this Agreement by the Corporate Authorities of the Village and be automatically renewable for three (3) additional five year terms unless canceled by either party, in writing, at least three (3) months prior to the end of any term. Notwithstanding the foregoing, this Agreement may not be cancelled within twelve (12) months after the date of the original written request by Amli. 5. That this Agreement shall be effective upon its execution by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Agreement to be witnessed by their respective duly authorized officers. Date: 52006 VILLAGE OF BUFFALO GROVE, a home rule municipal corporation in Lake and Cook Counties, Illinois By: Title: Date: 2006 AMLI Management Company, a Delaware corporation By: Title: IAL FX1,1ENTS \103 - Buffalo Grove \Traffic Agreement\ Amli Traffic Agreement 6- 12- 06.doc 2 Exhibit "A" Legal Description of Amli at Chevy Chase and Amli at Windbrooke LOTS 1, 2 AND 3 IN THE LINCOLN CLUB SUBDIVISION, RECORDED FEBRUARY 3, 1987 AS DOCUMENT NO. 2538297, IN LAKE COUNTY, ILLINOIS. P.I.N. 15 -34- 400 -267, 15 -35- 300 -172 AND 15-35-300-173 LOT 1 IN THE WINDBROOKE SUBDIVISION, RECORDED JANUARY 8, 1986 AS DOCUMENT NO. 2411928, IN LAKE COUNTY, ILLINOIS. P.I.N. 15- 28-410 -002