HomeMy WebLinkAbout05-342 Resolution No. 05-342
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 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, 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,(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 furnish 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 Two Thousand Seven Hundred Fifty-One Dollars ($2,751). 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 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
ity;r�M/Maria
L7��, 7
Attest: ��� �
City Clerk
ST. CHARL STREET PROPERTIES
Y �
Its Pre ent
Attest:
Secretary
FALegal Dept\Agreement\FireProtection-St.Charles St Properties.doc
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