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HomeMy WebLinkAbout12-187 Resolution No. 12-187 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. WHEREAS, DSM Desotech, Inc., a Delaware 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 Sean R. Stegall, City Manager,and Kimberly A. Dewis, City Clerk,be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 14, 2012 Adopted: December 14, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FIRE PROTECTION AGREEMENT THIS AGREEMENT made and entered into as of January 1,201') by and between the City of Elgin, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the"City") and DSM Desotech, Inc., a Delaware corporation(hereinafter referred to as the "Company"). WITNESSETH WHEREAS, the Company is the owner of certain property located south of the corporate limits of the City of Elgin on Illinois Route 25 at the property commonly known as 1122 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 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 1,2013 and terminating on December 31, 2013. 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 6' 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 Seven Hundred Eighteen Dollars($30,718). Said payment shall be paid no later than January 4, 2013. 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,the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended,the Emergency Medical Services Systems Act at 210 ILCS 50/1 et seq., as amended, and/or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Acts, as amended, and/or otherwise provided by law, shall fully apply to any and all claims asserted or which might be asserted against the City and/or its officials, officers, employees and/or agents as a result of this Agreement or any of the actions of the parties pursuant to this Agreement. Without limiting the foregoing, it is further agreed and understood that the City and/or its officials, officers, employees and/or agents as a result of this Agreement or any of the actions of the parties pursuant to this Agreement shall not be liable to any l� � party to this Agreement or any other person or entity for failure to provide adequate fire protection, rescue, or emergency service, failure to suppress or contain a fire, failure to provide or maintain sufficient personnel,equipment,or other fire protection facilities,and/or for any act and/or omission in connection with the developing; adopting, operating or implementing any plan or system relating to the City's emergency telephone systems. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no third-party beneficiaries are intended to be created by the provisions of this Agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or its officials, officers, employees; agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in 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 DSM Desotech Inc. 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 , qty Manager Attest: i Clerk DSM SOTECH, INC. By s sident Attu t: S�cr try FALeeal Dent\Aereement\Fire tection-DSM Desotech-2013.doc wj, ) j