96-70 Resolution No. 96-70
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
BARRY REALTY
WHEREAS, Barry Realty, 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 Richard B. Helwig, 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 Barry Realty for fire protection
service, a copy of which is attached hereto and made a part
hereof by reference.
sl Kevin Kelly
Kevin Kelly, Mayor
Presented: March 13, 1996
Adopted: March 13, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
FIRE PROTECTION AGREEMENT
WHEREAS, Barry Realty 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, 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,
1996 and terminating on December 31, 1996 . 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 . In addition to the
regular fire protection services, City shall furnish ambulance
service as is generally available to residents of the City of
Elgin. 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.
2 . That in consideration of said fire protection
service, Company agrees to pay to City the sum of Thirteen
Thousand Three Hundred Dollars ($13,300) . Said payment shall
be paid no later than April 12, 1996 .
3 . That the right, title and interest of the said
Company under 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 .
IN WITNESS WHEREOF the City Manager and City Clerk
have executed this agreement for and on behalf of the City of
Elgin and Barry Realty have executed this agreement for and on
behalf of said Company and each have caused their respective
corporate seals to be affixed.
CITY OF ELGIN
B Y > >%J�. ....o
City Manager
Attest:
City Clerk (SEAL
RRY EALT
By
Its President
Attest: /
Secretary (SEAL)