HomeMy WebLinkAbout99-186 Resolution No. 99-186
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
FINCH & BARRY PROPERTIES
WHEREAS, Finch & Barry Properties, a corporation, is the
owner of certain property located outside the corporate limits
of the City of Elgin; and
WHEREAS, said owner has requested the City of Elgin to
furnish fire protection services for said property on the terms
set forth on the attached agreement .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager,
and Dolonna Mecum, City Clerk, be and are hereby respectively
authorized and directed to execute an agreement on behalf of
the City of Elgin with Finch & Barry Properties for fire
protection service, a copy of which is attached hereto and
made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 1999
Adopted: July 14 , 1999
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FIRE PROTECTION AGREEMENT
WHEREAS, Finch & Barry Properties, a
corporation, hereinafter referred to as "Company" is the owner
of certain property located south of the corporate limits of
the City of Elgin on Illinois Route 25 in Elgin Township, Kane
County, Illinois, which property and improvements located
thereon are outside the corporate limits of any municipality;
and
WHEREAS, Company has requested the City of Elgin,
hereinafter referred to as "City" to furnish fire protection
service for said property; and
WHEREAS, City has agreed to provide said fire
protection service on the terms and conditions hereinafter
stated.
NOW, THEREFORE, in consideration of the mutual
promises of the parties hereto and the covenants hereinafter
contained, the sufficiency of which is hereby acknowledged, it
is agreed as follows :
1 . That City shall furnish fire protection service
to Company for a period of one (1) year commencing January 1,
1999 and terminating on December 31, 1999 . Fire protection
service shall consist of extending to the Company the regular
fire fighting facilities of the City in case of a fire upon
the Company' s premises in the same manner as if said property
were situated within the corporate limits of the City of
Elgin. In addition to such regular fire protection services,
City shall furnish ambulance service as is generally available
to residents of City. As a condition of the furnishing of
fire protection services, Company agrees to permit City to
make inspections to determine compliance with the fire code of
the City of Elgin and agrees to comply with same . Failure to
do so shall constitute grounds for termination of this
agreement without penalty to City and without refund of any
kind to Company.
2 . That in consideration of said fire protection
service, Company agrees to pay to City the sum of Fourteen
Thousand Three Hundred Thirty-Six Dollars ($14 , 336) . Said
payment shall be paid no later than July 31, 1999 .
3 . That any rights of Company arising pursuant to
or in connection with this agreement may from time to time be
assigned with respect to all of the above described premises
or portions thereof . Written notice of such assignment shall
be given to City with thirty (30) days .
4 . That it is agreed and understood that the fire
protection services, ambulance services and other services to
be provided by the City pursuant to this agreement are
intended to be the same services generally available to the
general public for properties located within the corporate
city limits of the City of Elgin and that no additional legal
obligations or duties are intended or shall be construed to
have been created by this agreement . It is further understood
and agreed that this agreement is not intended nor shall be
construed to alter, limit or constitute a waiver of any of the
civil immunities afforded the City pursuant to the Local
Governmental and Governmental Employees Tort Immunity Act at
745 ILCS 10/101-101 et seq. , as amended, it being agreed that
all of the civil immunities set forth in such Act, as amended,
shall fully apply to any claims asserted or which might be
asserted against the City as a result of this agreement or any
actions of the parties pursuant to this agreement .
IN WITNESS WHEREOF the City Manager and City Clerk
have executed this agreement for and on behalf of the City of
Elgin and Finch & Barry Properties have executed this
agreement for and on behalf of said Company and each have
caused their respective corporate seals to be affixed.
CITY OF ELGIN
i J
C ' y Mdhager
Attest :
City Clerk (SEAL)
FINCH & BARRY PROPERTIES
By
Its resident
Attest :
its r�
Secretary 1� (SEAL)