99-223 Resolution No. 99-223
RESOLUTION
AUTHORIZING EXECUTION OF A PROPERTY USE AGREEMENT WITH
WISPARK CORPORATION FOR FIRE DEPARTMENT TRAINING
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 a Property Use Agreement on behalf of the City of
Elgin with Wispark Corporation for use of a house and garage
at 15N690 Randall Road for fire department training exercises,
a copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 25, 1999
Adopted: August 25, 1999
Omnibus Vote: Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PROPERTY USE AGREEMENT
THIS AGREEMENT is hereby made and entered into this
day of =;ti 1999 , by and between the CITY
OF ELGIN, ILLINOIS, a municipal corporation (hereinafter
referred to as "City" ) , and Wispark Corporation, a Wisconsin
corporation (hereinafter referred to as "Wispark" ) .
WHEREAS , Wispark owns certain real and personal
property consisting of a two-story house and garage, located
at 15N690 Randall Road, Elgin, Illinois, and any and all
personal property wh ch may be located therein (hereinafter
referred to as "Structures" ) ; 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 , Wispark 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 . Wispark 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 . Wispark 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 Wispark
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 December 31, 1999
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 WISPARK CORPORATION
By By
4JOYA. Parker Mark Ebache�jj
City Manager
Its vse*K e: 14�
Attest :
City Clerk
Agenda Item No.
City of Elgin
August 6 , 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Property Use Agreement for
Fire Department Training
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider entering into a
property use agreement for use of the house and garage at 15N690
Randall Road for the purpose of Fire Department training exercises .
BACKGROUND
This is an agreement that will allow the Fire Department to use a
house and garage for training. Being able to use actual buildings
provides the department an excellent opportunity to provide
realistic training scenarios for its personnel. The training that
will be conducted will not include any evolutions using actual
fire. Both buildings are owned by the WisPark Corporation.
WisPark approved and signed the agreement on July 22, 1999 .
Because this agreement involves real estate, Corporation Council
has determined that City Council approval is required.
There are no residential structures immediately adjacent to this
property.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
WisPark Corporation.
�WANCIAL IMPACT
There is no cost associated with the approval of this agreement .
LEGAL IMPACT
None.
ALTERNATIVES
None.
Property Use Agreement
August 6, 1999
Page 2
RECOMMENDATION
The recommendation is for the City Council to approve the
agreement, and authorize the Fire Department to conduct training
evolutions at 15N690 Randall Road. Training will commence upon
City Council approval of the agreement and will terminate no later
than December 31, 1999 .
Respectfully submitted,
97e*-- A.- pa---LI 4450
Joyce A. Parker
City Manager
RH/st