01-1205 Key 415 Division St. 0\-kaos
December 12, 2001
MEMORANDUM
TO: Assistant City Manager Olufemi Folarin
FROM: Sergeant Tom LinderVCV
SUBJECT: Key Agreement
415 Division
Accompanying this memorandum is an Access Agreement from Robert Conforti, owner of 415
Division Street, a building consisting of multiple residential apartments.
Kevin Sosnowski, the Resident Officer of the area, has identifiOd 415 Division Street as a
location that needs additional attention and patrol. Having a kCy to the common front doorway
would allow him access to the hallway areas. The key would not allow access to any private
living areas of the building.
In drafting the form, the Legal Department requires the signature of the City Manager. As Ms.
Parker is on leave, I would hope that you could sign the form and return it to me.
Thank you in advance for your assistance in this matter.
ACCESS AGREEMENT
THIS AGREEMENT is hereby entered into this 0 day of
beCQM$QL , 2001 , by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") and
RObo-rt (en4crii , a PROP 41/ Dw✓1-10& , (hereinafter referred
to as "Owner") .
WHEREAS, Owner wishes to provide the City's police department
increased ease of access to the common areas of Owner's property located
at 4 is b oSioA S7'. , Elgin, Illinois (hereinafter referred to as
"Building") , in an effort to assist the City in the City's conduct of
general law enforcement services.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the receipt and sufficiency of which are
hereby mutually acknowledged, the parties hereto hereby agree as
follows: qq��
1. Owner shall provide 1 Q)I ( f_0 (/ (hereinafter
referred to as "Keys") to City for access the common areas of the
Building on or before 1)0 UL n16Q r , 260 .
.
2. City shall return all Keys to Owner within 5 days of the
termination of this agreement.
3. City shall be permitted access to the common areas of the
Building by Owner at all times.
4. This agreement shall not be deemed or construed to constitute
an employment, joint venture, partnership or other agency relationship
between the parties hereto.
5. It is agreed and understood that nothing in this agreement is
intended or shall be construed to create any duties on the part of the
City or its officers and employees, including but not limited to, a
special duty to perform law enforcement services. It is further agreed
and understood that notwithstanding the Owner providing the City Keys
for access to the common areas of the Building and permitting the City
access to such common areas of the Building that the City through its
police department shall be providing general law enforcement services
only, and that no special duty shall be deemed to be created by this
agreement. It is further understood and agreed that this agreement is
not intended, and shall not be construed, to alter, limit or constitute
a waiver of any civil immunities or defenses afforded or available to
City pursuant to law, including, but not limited to, the Local
Governmental and Governmental Employees Tort Immunity Act at 745 ILCS
10/1-101, et seq, as amended; it being agreed that all of the immunities
set forth in such Act as amended, or as may otherwise be available to
City by law, shall fully apply to any claims as asserted or which may be
asserted against City arising out of or pursuant to this agreement.
Without limiting the foregoing, it is further agreed and understood that
City, as a result of this agreement or any actions of the parties
pursuant to this agreement shall not be liable to Owner or to any other
person or entity for failure to provide adequate police protection or
service, failure to prevent the commission of crimes, failure to detect
or solve crimes, or the failure to identify or apprehend criminals.
6. Owner hereby holds harmless and indenifies City, its agents
and employees from and against any and all causes of action, suits,
claims for damages, and any and all other liability, including, but
limited to, attorney's fees, arising out of or in connection with the
existence of this agreement or Owner's negligrt performance of the
terms of this agreement.
7. This agreement shall be subject to and governed by the laws
of the State of Illinois. Venue for the resolution of any disputes and
the enforcement of any rights arising out of or j_1.1 connection with this
agreement shall be in the Circuit Court of Kane COunty, Illinois.
8. 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.
9. This agreement may be terminated at any time by either party
hereto for any reason upon 10 days written notice.
10. Owner shall inform City in writing of any change of ownership
of Building no later than 30 days prior to any such change of ownership.
CITY OF ELGIN
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BY ....\oye...4._ Gk., 'Ze.1,4-6-11....rif..
City Uanacler
Attest:
City
City Clerk
(OWNER)
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