HomeMy WebLinkAbout04-42 Resolution No. 04-42
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 David M.Dorgan,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.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Adopted: February 25, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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 , 2004
and terminating on December 31, 2004 . 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 Thirty Thousand
Nine Hundred Thirty-One Dollars ($30, 931) . Said payment shall be
paid no later than February 27 , 2004 .
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 (3 0) 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
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: "o�.�G'f
CITY OF ELGIN
By`§i A- 6
City Manager
Attest :
City Clerk
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Attest :
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EXPk$12-18.2007
F:\Legal Dept\Agreement\FireProtection-Illinois Tool Works.doc