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HomeMy WebLinkAbout02-76 a Resolution No . 02-76 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH THE EAGLES CLUB WHEREAS, the Eagles Club, a non-profit 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 Olufemi Folarin, Interim 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 the Eagles Club 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: February 27 , 2002 Adopted: February 27, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum _ Dolonna Mecum, City Clerk FIRE PROTECTION AGREEMENT WHEREAS, Eagles Club, a corporation, hereinafter referred to as "Company" is the owner of certain property encircled by but is not in the corporate limits of the City of Elgin on Eagle Road 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, 2002 and terminating on December 31, 2002 . 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 One Thousand Eight Hundred Twenty-Six Dollars ($1, 826) . Said payment shall be paid no later than February 28, 2002 . 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 ILLS 10/1-101 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 4 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 the Watch City Aerie F.O.E. 1047, 1600 Eagle Road, Elgin, Illinois 60123 have executed this agreement for and on behalf of said Company and each have caused their respective corporate seals to be affixed. Dated: CITY OF ELGIN By City Man ger • Attest : City Clerk EAGLES CLUB By ,�� President Attest : JeLcr—e2t—ary F:\Legal Dept\Agreement\FireProtection-Eagles Club.doc