98-223 Resolution No. 98-223
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOSEPH CONTI
FOR THE LOAN OF A FIRE POLE
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 agreement on behalf of the City of Elgin with Joseph
Conti for the loan of a fire pole, a copy of which is attached
hereto and made a part hereof by reference.
sl Kevin Kelly
Kevin Kelly, Mayor
Presented: September 9, 1998
Adopted: Sepetember 9 , 1998
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is hereby made and entered into this IL/Ty
day of 5Cj01j , 1998, by and between the city of Elgin,
Illinois, a municipal corporation (hereinafter referred to as
"City" ) and Joseph Conti (hereinafter referred to as "Conti" ) .
WHEREAS, City owns a fire pole of historical interest
(hereinafter referred to as "Pole" ) , which is currently stored
by City in an attic at City' s Fire Barn #5 Museum located at
533 St. Charles Street, Elgin, Illinois; and
WHEREAS, Conti owns certain property commonly known as
820 Dundee Avenue, Elgin, Illinois, the building at which
address has previously been commonly known as "fire station
#3" (hereinafter referred to as "Property" ) ; and
WHEREAS, Pole was originally situated and used at
Property; and
WHEREAS, City and Conti have each determined it to be in
their best interests for Conti to display Pole at Property;
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the receipt and sufficiency of
which is hereby acknowledged, the parties herto hereby agree
as follows :
1 . City shall permit Conti to display Pole at Property
in the same or approximately the same position in which it was
originally situated during the term of this agreement.
2 . Pole shall be displayed only, and Conti shall not
permit individuals to slide on Pole.
3 . Conti shall display Pole with a notice that Pole is
"on loan from Fire Barn #5 Museum. "
4 . Conti shall not alter or deface Pole.
5 . This agreement shall terminate and be of no further
force and effect upon any of the following events :
A. The sale or transfer of ownership interest by Conti of
Property or Conti ' s business conducted at Property as
of the date of this agreement;
B. Any substantive alteration in the decor or style of
Property; or
C. 30 days written notice from city, Conti or Fire Barn
#5 Museum.
D. December 31, 2008 .
6 . Conti shall return Pole to city at Conti ' s sole
expense within thirty (30) of the termination of this
agreement.
7 . This agreement shall not be construed as creating a
joint venture, partnership, employment or other agency
relationship of any kind between the parties hereto.
8 . The terms of this agreement shall be severable. In
the event any of the terms or conditions 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.
9 . This agreement shall be subject to and governed by
the laws of the State of Illinois . Venue for the resolution of
any disputes or the enforcement of any rights arising out of or
in connection with this agreement shall be in the Circuit Court
of Kane County, Illinois .
10 . Conti shall hold harmless and indemnify City from and
against any and all claims for damages, suits and any and all
other liability, including, but not limited to, reasonable
attorney' s fees, arising out of or in connection with Conti 's
negligent performance of the terms of this agreement.
CIT ELGIN
B By
C y Manager Joseph Conti
Attest:
C y Clerk
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