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98-179 Resolution No. 98-179 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL PROPERTY USE AGREEMENT WITH SCHOOL DISTRICT U-46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Property Use Agreement on behalf of the City of Elgin with School District U-46 for the use of 358 Griswold Street for training purposes, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22 , 1998 Adopted: July 22, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk r INTERGOVERNMENTAL PROPERTY USE AGREEMENT THIS A EF�IENT is hereby made and entered into this day of �(�i , 1998,by and between the CITY OF ELGIN, ILLI OI , a municipal corporation (hereinafter referred to as "City" ) , and SCHOOL DISTRICT U-46, a municipal corporation (hereinafter referred to as "District" ) . WHEREAS, District owns certain real and personal property consisting of a two-story house and garage, located at 35$ Griswold Street, Elgin, Illinois, and any and all personal property which may be located therein (hereinafter referred to as "Structures" ) ; and WHEREAS, Illinois Compiled Statutes, Chapter 5, Sec. 220/1 et seq. , known as the Intergovernmental Cooperation Act, authorizes units of local government in Illinois to exercise jointly with any public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, the City is a home rule unit which may exercise any power or function relating to its government and affairs; and WHEREAS, City desires to use Structures for the training of firefighters; and WHEREAS, District intends to demolish Structures; and WHEREAS, each party hereto has determined it to be in its best interests to provide for and permit the use of Structures for the training of City' s firefighters . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . District shall permit City to use Structures for the purposes of firefighter training at City' s discretion, including, but not limited to, any and all alterations City may desire to make to Structures . City shall not conduct any live fire training on Structures . 2 . District shall hold harmless and indemnify City from and against any and all claims for damages, suits, causes of action and any and all other liability of whatsoever kind arising out of or in connection with or alleged to have arisen out of or in connection with City' s use, alteration or destruction of Structures . 3 . City shall hold harmless and indemnify District from and against any and all liability (excluding attorney' s fees) arising out of or in connection with, or alleged to have arisen out of or in connection with, City' s negligent use of Structures; provided, however, that City shall be entitled to alter or destroy premises at City' s discretion without penalty. 4 . This agreement shall terminate August 31, 1998 . 5 . The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 6 . This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 7 . Either party may terminate this agreement for any reason upon thirty ( 30) days written notice by first class mail . CITY OF ELGIN SCHOOL DISTRICT U-46 B o 4icef. Y gy , Parker Gerd•n Schu z City Manager Its ,1'j'i✓jT�c/% ��� �'`� `e' Attest: Attest: 6 City Clerk Secretary Elm" FIRE DEPARTMENT JOHN E. HENRICI Fire Chief HEADQUARTERS AND - TELEPHONE 847/931-6175 FIRE PREVENTION BUREAU FIRE PREVENTION BUREAU 847/931-6190 550 SUMMIT STREET FAX 847/931-6179 ELGIN,ILLINOIS 60120-4219 ` June 22, 1998 Dear Neighbor: The purpose of this letter is to provide you with information regarding training that the Elgin Fire Department plans to conduct at 358 Griswold Street. Through the courtesy and cooperation of School District U-46 the fire department has been provided an opportunity to train in this building prior to its being demolished. The planned training will consist of simulating various scenarios, such as the type encountered when fighting a fire inside of a residential building. Examples of this include searching for "victims", bringing hoselines into the building, and laddering the exterior of the house. During the training, theatrical smoke (similar to what you would see at a stage play at the Hemmens Auditorium) will be used to simulate smoke in the building. It is important to note that no fires will be lit in or around any part of the building. The training evolutions will be conducting during daytime hours only on various dates during July. During each training session vehicles will be parked in front of 352 and 358 Griswold in order to not inconvenience any neighboring residences. We will also have signs in front of the building to indicate that the fire department is training and that it is not an actual emergency. I thank you in advance for your cooperation as we conduct this training. Having an actual structure to use provides our firefighters the opportunity to practice and continue to improve their skills. This training helps support the Elgin Fire Department's goal of providing the citizens of Elgin with a high level of professional fire protection. Please contact me at 931-6182 with any questions or concerns. Sincerely, Rudy Horist Training Officer ELGIN ..r ELGIN,THE CITY TO WATCH • CFFY HALL • 150 DEXTER COURT • ELGIN,ILLINOIS 60120-5555 • 847/931-6100 ® PRINTED ON RFCYCLED PAPER � — C it of E I I n Agenda Item No. Y g June 23, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Intergovernmental Property Use Agreement PURPOSE To request City Council approval in allowing the Fire Depart- ment to use a house located at 358 Griswold Street for train- ing purposes . This home is owned by School District U-46, and will be demolished during the month of August. The School District Board approved the attached at their June meeting. BACKGROUND This is an agreement that will allow the Fire Department to use houses and other structures for training. Being able to use actual buildings, provides the department an excellent opportunity to provide realistic training scenarios to its personnel . Examples of training that will be conducted include use theatrical smoke to simulate a fire in the build- ing, advancing hoselines to the upper floor, searching for "victims" and placing ladders to the roof . The training that will be conducted will not include any evolutions using actual fire. The period in which this training will occur is July 9 , 1998 to August 9, 1998 . These agreements have been entered into on several past occasions . In a recent review of these agreements, the Corporation Council has determined that because this involves real estate, that City Council approval is required. There is no actual conveyance of the property to the City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Fire Department School District U-46 Homeowners at the following addresses have been contacted in person and/or by letter prior to this submission: 357 Griswold Street 359 Griswold Street 363 Griswold Street 365 Griswold Street 371 Griswold Street 375 Griswold Street 227 Washburn Street There has not been any concerns raised by any of the neighbors who were contacted. A copy of this letter is attached. FINANCIAL IMPACT There is no cost involved as part of this agreement. OVIAEGAL IMPACT ALTERNATIVES RECOMMENDATION The recommendation is for the City Council to approved the agreement, and authorize the Fire Department to conduct training evolutions at 358 Griswold Street. Training will commence July 9, 1998 and conclude August 9, 1998 . Re J Vectfully su• "Z Parker City Manager RH/st