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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: ___!0-4-
Resolution No. 24-R-0029 — Right-of-Way Agreement for
the Installation of Two Signs — Lawrence Avenue FILE NUMBER:
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: April 1, 2024
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
Three property owners along Lawrence Avenue have approached the City about installing private signs
within the street right-of-way. The driveways of each of these properties are incredibly steep, unlike
nearly all other properties in town, and delivery vehicles get stuck and/or destroy the driveway
approaches when used. The signs would warn the delivery drivers of this condition.
The attached Agreement allows the signs to be installed within the right-of-way, so they may be more
visibly seen, prior to any anticipated destruction of property occurring. By executing this Agreement, the
property owners are fully responsible for the signs and any issues that arise due to their installation, with
no liability to the City.
STAFF RECOMMENDATION:
Approval of Resolution No. 24-R-0029.
COMMITTEE RECOMMENDATION:
These sorts of agenda items are not sent to Committee.

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RESOLUTION NO. 24-R-0029
A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE A CERTAIN RIGHT-OF-WAY AGREEMENT
FOR THE INSTALLATION OF TWO SIGNS — LAWRENCE AVENUE
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
Right-of-Way Agreement between the City of West Chicago and Frank & Wivina
Regiro, Robert Bieschke, and Lori Chassee, in substantially the form attached hereto
and incorporated herein as Exhibit “A”.
APPROVED this 1° day of April, 2024.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Ruben Pineda, Mayor
ATTEST:
Valeria Perez, Executive Office Manager

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Submitted by/
Prepared by/Return to:
City of West Chicago
475 Main Street
West Chicago, IL 60185
P.I.N.s: 04-10-210-007
04-10-210-008
04-10-210-009
For Official Use Only
A RIGHT-OF-WAY AGREEMENT FOR THE
INSTALLATION OF TWO SIGNS
This Right-of-Way Agreement (hereinafter referred to as the “Agreement”) is made
and entered into by and between the CITY OF WEST CHICAGO, a body politic and
corporate (hereinafter referred to as the “City”) and Frank & Wivina Regiro, Robert
Bieschke, and Lori Chassee, as the owners (hereinafter referred to as the “Property
Owners”) of record of the properties located at 829 Lawrence Avenue, 835 Lawrence
Avenue and 841 Lawrence Avenue, in the City of West Chicago, State of Illinois,
designated by P.I.N.s 04-10-210-007, 04-10-210-008, and 04-10-210-009 (hereinafter
referred to as the “Property”).
WITNESSETH:
WHEREAS, the City is the record holder of a . foot wide right-of-way
known as Lawrence Avenue (hereinafter referred to as the “Street ROW”); and
WHEREAS, the Property Owners have requested authorization to install two signs
(hereinafter referred to as the “Signs”), which will be located within the Street ROW; and,
WHEREAS, the City has no objection to granting authorization to allow the
Property Owners to install two signs within the Street ROW, however, the authorization
shall be approved in express accordance with the terms and conditions set forth herein,
which shall be binding on all other heirs, assigns, and owners of the Property so long as the
Signs encroachment exists.
NOW, THEREFORE, in consideration of the promises, terms and conditions set
forth herein, the City and Property Owners agree as follows:
1. The recitals set forth above are incorporated herein and made a part hereof
this Agreement.

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2. This Agreement does not, under any circumstances, nullify or abrogate the
City’s, or its designee’s, rights and interest in and to the Street ROW for the purposes for
which the Street ROW exists.
3. In the event the City serves notice upon the Property Owners, that the City,
or its designee, requires access to the Street ROW for any reason related to the purpose of
the Street ROW, then the Property Owners agrees to remove, at their sole expense, said
Signs within seven (7) days after receipt of said notice from the City.
4. The Property Owners shall be responsible for any damages to the existing
Street ROW resulting from the installation of the Signs and the Property Owners shall be
responsible for all costs associated with the removal or relocation of said Signs. For this
purpose, the Property Owners shall be responsible regardless of whether the Property
Owners had knowledge of the Street ROW.
5. In the event the Property Owners fails to remove said Signs within the
described time period, the City shall have the right to remove the Signs and the Property
Owners shall reimburse the City for any and all costs incurred by the City in this regard.
In the event the Property Owners do not reimburse the City within seven (7) days of
request for said reimbursement, the City shall have all rights under law to secure said
payment, and shall be reimbursed its costs and all reasonable attorneys’ fees related to
securing said payment.
6. In the event of an emergency related to any of the purposes for which the
Street ROW exists, the City may take any action, including, but not limited to removing
the Signs, necessary to gain access to the Street ROW without first giving notice to the
Property Owners. In the event of said emergency removal, the City will not be liable in
any way for replacing or repairing said Sign or any part thereof, which is damaged or
removed in order for the City to gain access to the Street ROW.
7. The Property Owners shall hold harmless, indemnify and defend the City
from and against any and all liability, claims, demands, and causes of action arising out of
or related to any loss, injury, or loss or damage to the Property resulting from the Property
Owners’ installation or use of said Sign.
8. Any notice required or permitted to be given under this Agreement will be
in writing and will be deemed to have been given when sent by telefacsimile to the
telefacsimile number provided below for the intended recipient of such notice, or when
delivered personally or on the date deposited in the United States mail, registered or
certified mail, postage pre-paid, return receipt requested, and addressed as follows:

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If to the Property Owners: Frank & Wivina Regiro
829 Lawrence Avenue
West Chicago, IL 60185
Robert Bieschke
835 Lawrence Avenue
West Chicago, IL 60185
Lori Chassee
841 Lawrence Avenue
West Chicago, IL 60185
If to City: City of West Chicago
475 Main Street
West Chicago, IL 60185
Attn: City Administrator
With copy to: Patrick K. Bond,
Bond, Dickson & Associates, P.C.
Corporation Counsel to the City of West Chicago
203 E. Liberty Drive
Wheaton, Illinois, 60187
or to such other address as a party may from time to time specify in writing to the other
parties in accordance with the terms hereof. For purposes of notice as set forth herein,
notice shall be deemed granted when sent.
9. The cost of recording these documents shall be borne by the Property Owners.
IN WITNESS THEREOF, the parties have entered into this Agreement as of the
day of , 2024.
CITY OF WEST CHICAGO PROPERTY OWNERS
BY: BY:
Mayor Ruben Pineda Frank & Wivina Regiro
BY:
Robert Bieschke
BY:
Lori Chassee
ATTEST: BY:
Executive Office Manager