HomeMy WebLinkAbout02-78 Resolution No. 02-78
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
ILLINOIS TOOL WORKS
WHEREAS, Illinois Tool Works, 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 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 Illinois Tool Works for fire protection service,
a copy of which is attached hereto and made a part hereof by
reference .
Ed Schock, Mayor
Presented: February 27, 2002
Adopted:
Vote : Yeas Nays :
Recorded:
Attest :
Dolonna Mecum, City Clerk
t
FIRE PROTECTION AGREEMENT
WHEREAS, Illinois Tool Works, 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, 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 Twenty-Six
Thousand Six Hundred Fifty-Four Dollars ($26, 654) . 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 ILCS 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 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 Illinois Tool Works 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 Mana eY
Attest :
—Pf"
City Clerk
ILLINOIS OOL WORKS
By z Z' =�
I s Presid
Attest :
Secreta
F:\Legal Dept\Agreement\FireProtection-Illinois Tool Works.doc