HomeMy WebLinkAbout05-341 Resolution No. 05-341
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,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: December 21, 2005
Adopted: December 21, 2005
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
FIRE PROTECTION AGREEMENT
WHEREAS, Illinois Tool Works, 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 on Illinois Route 25 located at the property commonly known as 1201 St. Charles Street,in
Elgin Township, Kane County, Illinois, (hereinafter referred to as the"Subject Property")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 the Subject 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 the Subject Property
for a period of one(1)year commencing January 1,2006 and terminating on December 31,2006.
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 at the Subject Property 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 fu -nish ambulance service at the Subject Property
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-Five Thousand Five Hundred Ninety-Five Dollars($35,595). Said payment shall
be paid no later than January 6, 2006.
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, or otherwise, it being
agreed that all of the civil immunities set forth in such Act, as amended, or otherwise, 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: � '' ,2/, 2GG �
CITY OF ELGIN
By .�•� �?
CiYy Manager,,
Attest:
City Clerk
=OFFICIAL AL ILLINOIS TOOL WORKS
CH OF ILLINOIS 12.18-2007
By
ItS-P4QS � r rT�i/ ��. v�'✓rc
Attest:
secretm�}
FALegal Dept\Agreement\FireProtection-Illinois Tool Works.doc
2