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O-02-16VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-16 AN ORDINANCE AUTHORIZING A TRAFFIC ENFORCEMENT AGREEMENT FOR CORPORATE 500 CENTRE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of March , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of March , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-16 AN ORDINANCE AUTHORIZING A TRAFFIC ENFORCEMENT AGREEMENT FOR CORPORATE 500 CENTRE WHEREAS, the Village of Deerfield is authorized to enter into agreements with the owners of any commercial or industrial facility which controls a parking area located within the limits of the Village for the regulation of motor vehicle parking and traffic; and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village that the Village enter into an agreement with EOP- Corporate 500 Centre, L.L.C., being the owner of the property commonly known as Corporate 500 Centre, for the establishment and enforcement of certain motor vehicle traffic and parking regulations in the Corporate 500 Centre, a copy of said Agreement being attached to and made a part of this ordinance as Exhibit A hereof; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Village Clerk of the Village of Deerfield be and they are hereby authorized and directed to execute and attest said Agreement for traffic and parking regulation and enforcement with respect to the commercial complex commonly known as Corporate 500 Centre, copies of which Agreement are attached hereto and made a part hereof. SECTION 2: That Section 22 -167 of the Deerfield Municipal Code, "Exhibit G, Fire Lanes Designated," be and the same is hereby amended to add the following locations as designated fire lanes: Corporate 500 Centre. An 18 -foot wide fire lane extending across those portions of the Corporate 500 Centre property on the north side of Lake Cook Road and east of the Wisconsin Central Railroad tracks as more fully described in a certain Agreement dated March 4 , 2002, byand between the Village and EOP- Corporate 500 Centre, L.L.C. SECTION 3: That Section 22- 101(c) be and the same is hereby amended to add the following to the list of streets upon which truck traffic is restricted: Corporate 500 Drive, except for trucks making a delivery or a pickup for owners or occupants of the Corporate 500 Centre. SECTION 4: That Section 22 -169, "Exhibit I, Traffic Control Agreements," of the Deerfield Village Code, be and the same is hereby amended to add the following to the list of traffic control agreements in force in the Village of Deerfield: Corporate 500 Centre, as more fully described in a certain Agreement dated March 4 , 2002, by and between EOP- Corporate 500 Centre, L..L.C. and the Village. SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. -2- SECTION 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 4th day of March , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson; Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) -3- Agreement Parking THE VILLAGE OF DEERFIELD, a municipal corporation in the State of Illinois (hereinafter referred to as "the Village "), and EOP — Corporate 500 Centre, L.L.C., a Delaware Limited Liability Company (hereinafter referred to as "Owner "), do hereby covenant and agree, one with the other, THAT: WHEREAS, Owner is the owner of the property on the north side of Lake Cook Road and east of Wisconsin Central Railroad Tracks developed on certain real property, commonly referred to as Corporate 500 Centre, located in the Village; and WHEREAS, Owner has the legal right to operate, manage and maintain the parking areas and areas associated with the improvements, located in the Village of Deerfield; and WHEREAS, parking areas, entrance and access areas for customers of and visitors to the property are entirely upon private property of the Owner, and WHEREAS, the Municipal Code of the Village provides the means of establishing and controlling such access assurance through the establishment of fire lanes. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and the reciprocal benefits to the parties, it is agreed as follows: 1. That this Agreement is entered into pursuant to the provisions of CH 65 ILCS 5/1 -1 -7 and CH 625 ILCS 5/11 -209. 2. That the Owner requests and authorizes the Village to establish and maintain a fire lane, 18 ft. wide, as depicted on the plat attached hereto as Exhibit A and made a part hereof. That the Village agrees upon execution hereof to add the above described area as an area where stopping, standing or parking of vehicles in prohibited pursuant to 22 -167 of the Municipal Code of Deerfield. 4. That said fire lane area shall be appropriately posted with signage approved by the Village, and the Owner shall pay the cost of said signs and the cost of installation and maintenance thereof. 5. That the Village shall enforce the restrictions against stopping, standing and parking of vehicles in said fire lane area agreed to. 6. That the establishment of said fire lane area and the enforcement of parking restrictions by the Village in no way constitutes a dedication of any of the Owner's real property to public use. 7. That either the Village or the Owner reserves the right to cancel.this Agreement at any time. 8. That this Agreement shall be binding upon any and all successors, assigns or grantees of Owner. 9. That the Village will cause this Agreement to be promptly recorded with the Lake County Recorder of Deeds Office at the Owner's expense. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the appropriate officers and their corporate seals affixed this 4th day of March , 2002. ATTEST- CAI- Village Clerk (Deputy) ATTEST: VILLAGE OF DEERFIELD. ILL OIS By a Village Manager EOP — Corporate 500 Centre L.L.C. 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Y j � v� v ` - i � ,�.v�`� \�(. I 'ka� t li., - , \ '�- :�' A :�. ® _ �/ may.:. � � r 1'• � � , M1 • � �, �✓'':- � g�� t _ S S',� � is t � » y� ���, @: ,..} � 6; � ��"' ✓ { �, t��sa ' f '0.: - - i t 1 I fir. �� �.l��� 1�1�•t� A'�.0 'Yd.C�Y��`�4',"�j Ye � ( S 3y ;:• t � H-''' :. r •i,�' """ \444,, 3'S45 � •� 1j� k; �'t� � 7 � i , ,'� I 4 1 d tj• e ^+ a �„� ,, � � � , +� �,�•�^k`.' �•}� s SK' i•s� •.� }� '�, 4 4 i d to °� {:��1 iWra ;\ IFW— .ii.,11.L 5 : 4' ` 4 , I .�'t °,�s 33�Y i ?Sj 11• -, I : .: i. ' —� n iii: L I .''.� ."�o°�y ,�S rc �¢�.:'! -' @$.` � �� lyas�"C -• r ? _tax I s„ } §r � ,ry,' ra r Y �� r „� ,yS9 �Wt�v �¢Gtt a ihw i `G C� p 7' �� � ty acs F,.1!�yr� s' Agreement Traffic THE VILLAGE OF DEERFIELD, a, -municipal corporation in the State of Illinois (hereinafter referred to as "the Village "), and EOP — Corporate 500 Centre, L.L.C., a Delaware Limited Liability Company (hereinafter referred to as "Owner "), do hereby covenant and agree, one with the other, THAT: WHEREAS, Owner is the owner of the property on the north side of Lake Cook Road and east of Wisconsin Central Railroad Tracks developed on certain real property, commonly r referred to as Corporate 500 Centre, located in the Village; and WHEREAS, access roads have been established within the property entirely on private property of the Owner; and WHEREAS, the constant assurance of safe and controlled vehicular access to the property for its customers and employees is desirable for the purpose of providing maximum protection of life and property; and WHEREAS, the Municipal Code of the Village provides the means of establishing and controlling such access through the establishment of speed and traffic control restrictions; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and the reciprocal benefits to the parties, it is agreed as follows: 1. That this Agreement is entered into pursuant to the provisions of CH 65 ILCS 5/1 -1 -7 and CH 625 ILCS 5/11 -209 (1994), as amended and CH 22 -213 of the Municipal Code of the Village. 2. That the Owner requests and authorizes the Village to establish and maintain traffic control restrictions within the property at the locations as depicted on the plat attached hereto as Exhibit A and made a part hereof. 3. That the Village agrees upon execution hereof to post the appropriate official stop signs as required pursuant to CH 22 -164. Exhibit D of the Municipal Code of the Village, which will add the locations depicted on Exhibit A hereto as Stop street intersections. 4. That a speed limit of 25 miles per hour shall be established on the roadway depicted on "Exhibit A. 5. That "Trucks Prohibited except for Corporate 500 Business" will be properly posted with official signs as required pursuant to CH 22 -101. Corporate 500 Drive will be added to 22 -101 as a prohibited truck route. 6. That said roadway shall be appropriately posted with stop signs, speed limit signs, turn restriction signs and No Truck signs the Owner shall pay the cost of said signs and the cost of installation and maintenance thereof. 7. That the Village shall enforce the speed limit, traffic control restrictions, no trucks and vehicular movement violations, which contribute to vehicle crashes, which are depicted in Exhibit A. 8. That the establishment of said speed limits and traffic controls and the enforcement of these restrictions by the Village in no way constitutes a dedication of any of the Owner's real property to public use. 9. That either the Village or the Owner reserves the right to cancel this Agreement at any time. 10. That this Agreement shall be binding upon any and all successors, assigns or grantees of Owner. 11. That the Village will cause this Agreement to be promptly recorded with the Lake County Recorder of Deeds Office at the Owner's expense. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the appropriate officers and their corporate seals affixed this 4th day of March , 2002. ATTES Village Clerk (Deputy) STd- VILLAGE OF DEERFIELD. ILLI IS By Village Manager EOP-Corporate 500 Centre, L.L.C. Delaware Limited Liability Company By: EOP Operating Limited Partnership, a Delaware limited partnership, as agent for owner By: Name: Its: Authorized Signatory 6v bS uz 1A EEJ ;4t.