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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
GSC ee ed a i
ITEM TITLE: Resolution No. 23-R-0100
AGENDA ITEM NUMBER: +. B.
A Resolution Terminating the Agreement between West Chicago
Jules, LLC and SEB Palatine II, LLC (Oliver Square now Mosaic FILE NUMBER:
Crossing) and the City of West Chicago
COMMITTEE AGENDA DATE: December 18, 2023
COUNCIL AGENDA DATE: December 18, 2023
PREPARED BY: Colin Fleury, Chief of Police SIGNATURE
APPROVED BY: Michael Guttman, City Administrator SIGNATURE
ITEM SUMMARY: |
On July 20, 2011, the City of West Chicago entered into an agreement via Resolution No. 11-R-0016 with West Chicago Jules,
LLC and SEB Palatine II, LLC, authorizing the City to enforce parking laws on this private property, 1851-1935 N. Neltnor
Boulevard, West Chicago, IL 60185. At the time of the Agreement, the property was known as Oliver Square, but is now
known as Mosaic Crossing. Staff is recommending that the City Council terminate this Agreement under Section 6, which
states, "Notwithstanding any provision contained herein to the contrary, after this Agreement has been in effect for a term of
one (1) year, this Agreement may be canceled upon the giving of thirty (30) days prior written notice by either party hereto."
The Agreement's current language sets unrealistic expectations by stating that "the City agrees to enforce ALL regulations in
the parking area of the PROPERTY by use of assigned traffic enforcement personnel of the CITY and to issue citations to any
and ALL violators of such regulations." The Police Department staff does not have the availability to monitor this area
constantly and should be allowed discretion, which is not permitted in the current Agreement. The current towing agent for
the OWNER has been placing immobilization devices on parking violators within the lot and charging tow fees to remove the
devices. The tow and immobilization fees charged by the company are excessive: $238 for cars, $520 for medium trucks, and
$700 for heavy trucks. The City Code only allows for utilizing immobilization devices on vehicles whose owners have seven
unpaid parking citations with a fee of $75. The Illinois Commerce Commission allows the City to set the fee limit for vehicle
immobilization on private property.
Staff suggests working with the owner and creating a new Agreement covering the stated issues and that the City maintain the
current City Code vehicle immobilization regulations and not allow for private property immobilization. Terminating the
present Agreement will not affect the Police Department staff's ability to enforce violations related to abandoned vehicles, fire
lanes, or handicapped parking.
Please see the attached Agreement, Exhibit A.
ACTIONS PROPOSED:
Staff recommends approval of Resolution No. 23-R-0100
COMMITTEE RECOMMENDATION:

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RESOLUTION NO. 23-R-0099
A RESOLUTION TERMINATING THE AGREEMENT BETWEEN WEST
CHICAGO JULES, LLC AND SEB PALATINE IL, LLC (OLIVER SQUARE NOW
MOSAIC CROSSING) AND THE CITY OF WEST CHICAGO
WHEREAS, on May 19, 2011, the City of West Chicago entered into an
agreement with West Chicago Jules, LLC and SEB Palatine Il, LLC, authorizing the
City to enforce parking laws on this private property, 1851-1935 N. Neltnor Boulevard,
West Chicago, IL 60185; and
WHEREAS, since that time, the OWNER and its agents have engaged in the
practice of placing immobilization devices on vehicles parked in violation of the posted
parking signage in violation of City Code and Illinois Commerce Commission
regulations; and
WHEREAS, it is in the best interest of the City to terminate the Agreement per
Section 6, which reads, "Notwithstanding any provision contained herein to the
contrary, after this Agreement has been in effect for a term of one (1) year, this
Agreement may be canceled upon the giving of thirty (30) days prior written notice by
either party hereto, except to the extent that the OWNER may be required to maintain
this Agreement pursuant to any zoning relief granted by the CITY."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WEST
CHICAGO, DUPAGE COUNTY, AN ILLINOIS MUNICIPAL CORPORATION as
follows:
SECTION 1: The City Council hereby consents to terminate the Agreement
effective immediately.
Page 1 of 2

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SECTION 2: This Resolution shall be in full force and effect immediately.
APPROVED this 18" day of December, 2023.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Office Manager Valeria Perez
Page 2 of 2

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RESOLUTION NO. 11-R-0016
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CERTAIN
PARKING ENFORCEMENT AGREEMENT WITH WEST CHICAGO JULES, LLC
AND SEB PALATINE II, LLC (OLIVER SQUARE).
BE IT RESOLVED by the City Council of the City of West Chicago, in
regular session assembled, that the Mayor is hereby authorized to execute a
certain Parking Enforcement Agreement West Chicago Jules, LLC. And SEB
Palatine II, LLC. A copy of the parking enforcement agreement and map of
the site are attached hereto and incorporated herein in substantially the
same form as Exhibit “A”.
ADOPTED this 20" day of July 2011
AYES: [Xv
NAYS: 2
ABSTAIN: _@_
ABSENT; 9% 102 ue wa)
ATTEST:
Nancy M. Smifh, City Clerk

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Jul. f. 2005 2:13PM ; No. 0879 PF 3
AGREEMENT
AGREEMENT made and entered Into this 4 gay of ‘
West Chica Jules, te
20O1p , by and between 3 ER Palatino ee (hereinafter refered to as the
“OWNER’) and the CITY OF WEST CHICAGO, an Illinois municipal corporation
(hereinafter referred to as the “CITY’).
WITNESSETH
WHEREAS, OWNER Is desirous of entering into an agreement with the CITY,
pursuant to 625 ILCS 5/44-208 of the Ulinols Compiled Statutes, 1994, as amended, for
the purpose of providing for the regulation of traffle and parking within the property
legally described on Exhibit *A” attached hereto which Is, by this referenca, made apart
hereof (hereinafter referred to as the “PROPERTY’).
NOW, THEREFORE, In consideration of the mutual covenants and obligations
herein contained, IT IS AGREED by and between the parties hereto as follows:
1. Subject fo the agreement of the parties, the CITY Is hereby authorized to
provide for.
A. The erection of stop signs, flashing signals, persons with disabilities parking
araa signs or yleld signs, at specified focations and the adoption of
appropriate regulatlons thereto pertaining, or the designation of any
intersection as a stop intersection or as a yield intersection and the ordering
of like signs or signals at one or more entrances to such Intersection;
B. The prohibition or regulation of the tuming of vehicles or specified types of
vehicles at intersections or other designated locations; -
C. The regulation of a crossing of any roadway In the parking area by
pedestrians;
D. The designation of any separate roadway in the parking area for one-way
traffic;

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Jul. 4. 2005 2:13PM No. 0879 4
E. The establishment and regulation of loading zones;
F, The prohibition, regulation, restriction or limitation of the stopping, standing
or parking of vehicles In specified areas;
G. The designation of safety zones and fire lanes; and,
H. Providing for the removal and storage of vehicles parked or abandoned in
the parking area during snowstorms, floods, fires, or other public
emergencies, or found unattended In the parking area, (ay where they
constitute an obstruction to traffic, or (b) where stopping, standing or parking
ig prohibited, and for the payment of reasonable charges for such removal
and storage by the owner or operator of any such vehicle,
1, Causing the installation of parking signs in accordance with 625 ILCS 5/11-
304 In areas where desired by the OWNER indicating that such parking
spaces are resorved for persons with disabilities.
J. Such additional reasonable rules and regulations with respect to traffic and
parking as local conditions may require for the safety and conventence of
the public or of the users of the parking area.
2. The CITY hereby agrees to enforce all regulations in the parking area of the
PROPERTY by use of assigned traffic enforcement personnel of the CITY and to Issue
citations to any and alt Violators of such regulations,
3, There shall be appended to this Agreement as Exhibit “6” a letter signed by the
Chief of Police of the CITY, or his designated representative, and the OWNER, or its
designated representative, and the OWNER, or its designated representative, setting
forth the specific locations within the various areas within the PROPERTY which shall,
pursuant to the terms of this Agreamant, be regulated, as well as a designation of the
exact regulations to be Imposed thereon. The Chief of Police of the CITY, or its
designated representative, and the OWNER, or its designated representatives may,
from time to time, agree to amend the aforesald list, provided that in each such case,
the list so amended shall be recorded In the Office of the Recorder of Deeds of
DuPage County, Ilinois, as required by statute,

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Jul. 1. 2005 2:13PM No, 0879 P. 5
4. OWNER agrees to erect signs, signals, etc. relating to the regulations provided
for by this Agreement, at appropriate places on the PROPERTY in accordance with all
_ applicable regulations and specifications promulgated by the State of Wlinots.
5. The OWNER shall bear the costs and expenses of obtaining, erecting and
maintaining any and all signs or other signals, etc,, necessary for enforcament of the
regulations agreed fo by the partles herein,
6. This Agreement shall be in full force and effect from and after the date of its
execution for a period of twenty (20) years of the date thereof, and may, by further
agreement of the parties, be continued for additional periods of like duration.
Notwithstanding any provision contained herein to the contrary, after this Agreement
has been in effect for a term of one (1) year, this Agreement may ba canceled upon the
giving of thirty (30) days prior written notice by either party hereto, excapt to the extent
that the OWNER may be required to maintain this Agreement pursuant to any zoning
relief granted by the CITY.
7. The OWNER has a Comprehensive General ability Insurance Polley. Said
insurance shall be In the minimum amount of two (2) million dollars ($2,000,000)
combined single limit or In such amount acceptable to the CITY and shall be In such
form and with such Company as shall be approved by the corporate authorities. The
CITY shall be named as an additional Insured on such policy.
The OWNER hereby agrees to keep sald policy in full force and effect
throughout the term of this Agreement. a mandatory written notice must provided upon
the caricellation of any policy as ouvined under the Certificate of insurance,
8. This Agreement shall be binding upon and inure to. benefit the respective
assigns, successors and personal representatives of each of the parties herato.
9, This Agreement shall be govemed by the laws of the State of fllinols.

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Jul. 4. 2005 2:14PM No. 0879 P. 6
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. It is of the
essence of this Agreement that the CITY shall not be liable In money damages for any
breach of this Agreement
11.4 fully executed copy of this Agreement, together with attachments, shall be
recorded In the Office of the Recorder of Deeds of DuPage County, Winols, and no
regulations made pursuant to this Agreement shall be effective and enforceable until
thrae (3) days after the contract or any amendment thereto is recorded, and after the
posting of signs or signals as may be required pursuant hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the day and year first above written.
seh Pol fotiae LE, LLEe
LANE
Surrwrel Bl itstem
mM Onaga”

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Legal Description
Exhibit A
arcel |:
ots 8, 9, 11, 12, and 13 in Replat of Lot | of the Amended and Restated Planned Unit
evelopment of Kmart Subdivision, being a Subdivision of part of the Southeast Quart
f Section 28 and part of the Southwest Quarter of Section 27 and part of the Northwes
juarter of Section 34, all in Township 40 North, Range 9 East of the Third Principal
Aeridian, according to the Plat of said Replat of Lot 1 of the Amended and Restated
‘lanned Unit Development of Kmart Subdivision, recorded September 12, 2000 as
Yocument R2000-141398, EXCEPT those parts take for road purposes under
‘ondemnation Case Numbers 99ED-52, (more particularly bounded and described as
allows, to-wit: The west 25.00 feet of Lot | lying north of a line that is 52.50 feet sout
ff the southwest corner of Lot 4 (as measured along and perpendicular to the west line
nereof) in K-Mart Subdivision, being a subdivision of part of the Southeast 1/4 of
‘ection 28, and part of the Southwest 1/4 of Section 27, and part of the Northwest 1/4 ¢
‘ection 34, all in Township 40 North, Range 9, East of the Third Principal Meridian,
ccording to the plat thereof recorded September 20, 1990 as Document No. 90-12539%
n DuPage County, Illinois. Said parcel contains 0.030 acres (1296 sq. ft.), more or less
nd 00ED-04, (more particularly bounded and described as follows, to-wit: The south
‘5.00 feet of the west 80.00 feet of the east 390.00 feet (as measured along and
rerpendicular to the southerly line thereof) of that part of Lot One in KMart Subdivisio
ing a subdivision of part of the Southeast 1/4 of Section 28, and part of the Southwes
/4 of Section 27, and part of the Northwest 1/4 of Section 34, all in Township 40 Nort
tange 9 East of the Third Principal Meridian, according to the plat thereof recorded
September 20, 1990 as Document No. 90-125392, in DuPage County, Illinois. Said
rarce! contains 0.064 acres, more or less,), (more particularly bounded and described a:
ollows, to-wit: The south 15.00 feet of the west 50.00 feet of the east 72.50 feet (as
neasured along and perpendicular to the southerly line thereof) of that part of Lot One
(-Mart Subdivision, being a subdivision of part of the Southeast 1/4 of Section 28, and
art of the Southwest 1/4 of Section 27, and part of the Northwest 1/4 of Section 34, all
“ownship 40 North, Range 9 East of the Third Principal Meridian, according to the pla
hereof recorded September 20, 1990 as Document No. 90-125392, in DuPage County,
linois. Said parcel contains 0.017 acres, more or less.) in Dupage County, Illinois,
arcel 2:
.ots 4 and 7 in the Kmart Subdivision, being a Subdivision of part of the Southeast
Juarter of Section 28 and part of the Southwest Quarter of Section 27 and part of the
Jorthwest Quarter of Section 34, all in Township 40 North, Range 9 East of the Third
rincipal Meridian, according to the Plat thereof recorded July 19, 1989 as Document
(89-086058 in Dupage County, Illinois.

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Legal Description
Exhibit A
Parcel 1:
Lots 8, 9, 11, 12, and 13 in Replat of Lot 1 of the Amended and Restated Planned Unit
Development of Kmart Subdivision, being a Subdivision of part of the Southeast Quarter
of Section 28 and part of the Southwest Quarter of Section 28 and part of the Southwest
Quarter of Section 27 and part of the Northwest Quarter of Section 34, all in Township
40 North, Range 9 East of the Third Principal Meridian, according to the Plat of said
Replat of Lot 1 of the Amended and Restated Planned Unit Development of Kmart
Subdivision, recorded September 12, 2000 as Document R2000-141398, EXCEPT those
parts take for road purposes under Condemnation Case Numbers 99ED-52, (more
particularly bounded and described as follows, to wit: The west 25.00 feet of Lot 1 lying
north of a line that is 52.50 feet south of the southwest corner of Lot 4 (as measured
along perpendicular to the west line thereof) in K-Mart Subdivision, being a subdivision
of part of the Southeast 1/4 of Section 28, and part of the Southwest 1/4 of Section 27,
and part of the Northwest 1/4 of Section 34, all in Township 40 North, Range 9, East of
the Third Principal Meridian, according to the plat thereof recorded September 20, 1990
as Document No. 90-125392 in DuPage County, Illinois. Said parcel contains 0,030 acres
(1296 sq. ft.), more or less and 00ED-04, (more particularly bounded and described as
follows, to-wit: The south 65.00 feet of the west 390.00 feet (as measured along and
perpendicular to the southerly line thereof) of that part of Lot One in KMart Subdivision
being a subdivision of part of the Southeast 1/4 of Section 28, and part of the Southwest
1/4 of Section 27, and part of the Northwest 1/4 of Section 34, all in Township 40 North,
Range 9 East of the Third Principal Meridian, according to the plat thereof recorded
September 20, 1990 as Document No. 90-125392, in DuPage County, Illinois. Said
parcel contains 0.064 acres, more or less), (more particularly bounded and described as
follows, to-wit: The south 15.00 feet of the west 50.00 feet of the east of 72.50 feet (as
measured along and perpendicular to the southerly line thereof) of that part of Lot One K-
Mart Subdivision, being a subdivision of part of the Southeast 1/4 of Section 28, and part
of the Southwest 1/4 of Section 27, and part of the Northwest 1/4 of Section 34, all
Township 40 North, Range 9 East of the Third Principal Meridian, according to the plat
thereof recorded September 20, 1990 as Document No, 90-125392, in DuPage County,
Illinois. Said parcel contains 0.017 acres, more or less) in DuPage County, Illinois.
Parcel 2:
Lots 4 and 7 in the Kmart Subdivision, being a Subdivision of part of the Southeast
Quarter of Section 28 and part of the Southwest Quarter of Section 27 and part of the
Northwest Quarter of Section 34, all in Township 40 North, Range 9 East of the Third
Principal Meridian, according to the Plat thereof recorded July 19, 1989 as Document
R89-086058 in DuPage County, Illinois.

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EXHIBIT B
Mosaic’s Property
IL Route 59
ILL RALTE
oe end
OUNKIN
OONUTS JIFFY
IL Route 54
McDONALD’S
The areas within the heavy lines
depict in general, Landlord’s prop-
erty comprising the Shopping Center.
HOBB
LGBBY
Y
November 2007

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STATE OF ILLINOIS )
COUNTY OF DU PAGE _)
CERTIFICATE
1, Nancy M. Smith, Certify that I am the duly elected and acting City Clerk of the City of West
Chicago, DuPage County, Illinois.
I further certify that on July 20, 2011 the Corporate Authorities of such municipality passed and
approved Resolution No. 11-R-0016 entitled: ‘
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CERTAIN PARKING
ENFORCEMENT AGREEMENT WITH WEST CHICAGO JULES, LLC AND
SEB PALATINE II, LLC (OLIVER SQUARE)
icago, Illinois, this 20" of July 2011.
Nancy M. Smith, City Clerk

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——
City of West Chicago
475 Main Street FRED B U
West Chicago, TL, 6018 nec BU AGE COUNTY RECORDER
OTHER 01-—28- 403-019
010 PAGES R2011— 156541
(Reserved for Recorder’s Use Only)
STATE OF ILLINOIS )
COUNTY OF DU PAGE _)
CERTIFICATE
I, Nancy Smith, certify that I am the duly elected and acting City Clerk of the City of West
Chicago, DuPage County, Illinois.
I further certify that on July 20, 2011 the Corporate Authorities of such municipality passed and
approved Resolution 11-R-0016 entitled:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CERTAIN
PARKING ENFORCEMENT AGREEMENT WITH WEST CHICAGO JULES, LLC
AND SEB PALATINE II, LLC (OLIVER SQUARE) -1851 -1935 N, NELTNOR
BOULEVARD, WEST CHICAGO, IL 60185
Legal Description:
Lots 8, 9, 11, 12, and 13 in Replat of Lot 1 of the Amended and Restated Planned Unit
Development of Kmart Subdivision, being a Subdivision of part of the Southeast Quarter of
Section 28 and part of the Southwest Quarter of Section 28 and part of the Southwest Quarter of
Section 27 and part of the Northwest Quarter of Section 34, all in Township 40 North, Range 9
East of the Third Principal Meridian, according to the Plat of said Replat of Lot 1 of the
Amended and Restated Planned Unit Development of Kmart Subdivision, recorded September
12, 2000 as Document R2000-141398, EXCEPT those parts take for road purposes under
Condemnation Case Numbers 99ED-52, (more particularly bounded and described as follows, to
wit: The west 25.00 feet of Lot 1 lying north of a line that is 52.50 feet south of the southwest
corner of Lot 4 (as measured along perpendicular to the west line thereof) in K-Mart
Subdivision, being a subdivision of part of the Southeast 1/4 of Section 28, and part of the
Southwest 1/4 of Section 27, and part of the Northwest 1/4 of Section 34, all in Township 40
North, Range 9, East of the Third Principal Meridian, according to the plat thereof recorded
September 20, 1990 as Document No. 90-125392 in DuPage County, Illinois. Said parcel
contains 0.030 acres (1296 sq. ft.), more or less and 0OED-04, (more particularly bounded and
described as follows, to-wit: The south 65.00 feet of the west 390.00 feet (as measured along and

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perpendicular to the southerly line thereof) of that part of Lot One in KMart Subdivision being a
subdivision of part of the Southeast 1/4 of Section 28, and part of the Southwest 1/4 of Section
27, and part of the Northwest 1/4 of Section 34, all in Township 40 North, Range 9 East of the
Third Principal Meridian, according to the plat thereof recorded September 20, 1990 as
Document No. 90-125392, in DuPage County, Illinois. Said parcel contains 0.064 acres, more or
less), (more particularly bounded and described as follows, to-wit: The south 15.00 feet of the
west 50.00 feet of the east of 72.50 feet (as measured along and perpendicular to the southerly
line thereof) of that part of Lot One K-Mart Subdivision, being a subdivision of part of the
Southeast 1/4 of Section 28, and part of the Southwest 1/4 of Section 27, and part of the
Northwest 1/4 of Section 34, all Township 40 North, Range 9 East of the Third Principal
Meridian, according to the plat thereof recorded September 20, 1990 as Document No. 90-
125392, in DuPage County, Illinois. Said parcel contains 0.017 acres, more or less) in DuPage
County, Illinois.
Lots 4 and 7 in the Kmart Subdivision, being a Subdivision of part of the Southeast Quarter of
Section 28 and part of the Southwest Quarter of Section 27 and part of the Northwest Quarter of
Section 34, all in Township 40 North, Range 9 East of the Third Principal Meridian, according to
the Plat thereof recorded July 19, 1989 as Document R89-086058 in DuPage County, Illinois.
P.LN.s: 01-28-403-019; 01-28-403-027; 01-28-4039 028; 01-28-403-029; 01-28-403-030; 01-28-
403-024
Copies of such ordinance are also available for public inspection upon request in the Office of
the City Clerk.
”m :
Dated at West Chicago, Illinois, this old day of Decemn ben 2011.
City Clerk, Nahey Smith