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Resolution No. 04-43
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
ST. CHARLES STREET PROPERTIES
WHEREAS, St. Charles Street 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 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 St.Charles Street 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: 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, St . Charles Street Properties, an Illinois
corporation, hereinafter referred to as "Company" is the owner of
certain property located south of the corporate limits of the City
of Elgin at 1025-1027-1029 St . Charles Street 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 Two Thousand
Three Hundred Ninety-Two Dollars ($2 , 392) . 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 (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
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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
St . Charles Street Properties 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 Manager
Attest :
/V �c
City C erk
ST. CHARLES STREET PROPERTIES
is Pres dent
r' \
Attest :
Secretary
F:\Legal Dept\Agreement\FireProtection-St. Charles St Properties.doc
OFFICIAL SEAL
JAMES A. WHITAKER
NOTARY PUBLIC,STATE OF IWNOIS
MY COMMISSION EXPIRES 11-2-2007