A. The City shall have the authority to enforce signs regulating the stopping, standing, or parking of vehicles in designated fire lanes installed on privately owned motor courts and drive aisles within Lexington Trace Subdivision, which privately owned motor courts and drive aisles are depicted on the Final Planned Unit Development Site Plan and the Final Plat of Subdivision for the Lexington Trace Subdivision approved by City Ordinance No. O2019-12 and recorded with the DuPage County Recorder as Document No. R2019-025216.
B. Lexington Trace, LLC, or any successor in interest thereto, shall, at its sole cost and expense, erect and maintain any and all signs necessary for the enforcement of the parking restrictions within designated fire lanes on the private property identified in Subsection 5-6-1
.A.
C. No person shall stop, stand, or park a vehicle within Lexington Trace Subdivision in violation of the specific restrictions set forth on any sign prohibiting parking installed pursuant to this Section.
D. Where any owner or user of a vehicle shall stop, stand, or park a vehicle in violation of the specific restrictions set forth on any sign prohibiting parking installed pursuant to this Section, the City may enforce the restriction against such person as if the action had taken place on a public highway.
E. Lexington Trace, LLC, or any successor in interest thereto, shall not deny the City access to the private property identified in Subsection 5-6-1
.A or erect or maintain any gate or other control device in a manner that prevents the City from accessing such private property to enforce the regulations of this Section. If Lexington Trace, LLC, or any successor in interest thereto, violates this Subsection 5-6-1
.E, then the City shall have no obligation to enforce any of the parking regulations set forth in this Section.
F. Lexington Trace, LLC, or any successor in interest thereto, shall, at its sole cost and expense, maintain general liability insurance in the minimum amount of two million dollars ($2,000,000) that names the City as a party insured for any claims arising out of the enforcement by the City of the parking regulations set forth this Section on the private roadways identified in Subsection 5-6-1
.A. During any time that Lexington Trace, LLC, or any successor in interest thereto, does not maintain the insurance required by this Subsection, the Village shall have no obligation to enforce any of the parking regulations set forth in this Section.
G. Lexington Trace, LLC, or any successor in interest thereto, may rescind its request for the City to enforce the regulations of this Section on the private property identified in Subsection 5-6-1
.A by filing a written request with the City Administrator; provided, however, that no such rescission request may be filed prior to twelve (12) months after the date that Lexington Trace, LLC filed its written request for the City to enforce the parking regulations set forth in this Section. After receipt of such rescission request, the City Council will repeal this Section 5-6-1
, which repeal will be effective on the January 1 immediately following the action by the City Council to repeal this Section.
(Ord. O2019-43, 8-5-2019)