01-29 Resolution No. 01-29
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
FINCH & BARRY PROPERTIES
WHEREAS, Finch & Barry Properties, 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 Joyce A. Parker, 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 Finch & Barry Properties for fire protection service, a copy
of which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 14, 2001
Adopted: February 14, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
l�
FIRE PROTECTION AGREEMENT
WHEREAS, Finch & Barry Properties, a Lrm-, ry-6
corporation, 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, the sufficiency of which is hereby acknowledged, 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,
2001 and terminating on December 31, 2001 . 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 of the City of Elgin. In
addition to such regular fire protection services, City shall
furnish ambulance service as is generally available to
residents of City. 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
without penalty to City and without refund of any kind to
Company.
2 . That in consideration of said fire protection
service, Company agrees to pay to City the sum of Twenty-Four
Thousand Eight Hundred Thirty-Six Dollars ($24 , 836) . Said
payment shall be paid no later than February 15, 2001 .
3 . That any rights of Company arising pursuant to
or in connection with 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 .
4 . That it is agreed and understood that the fire
protection services, ambulance services and other services to
be provided by the City pursuant to this agreement are intended
to be the same services generally available to the general
public for properties located within the corporate city limits
of the City of Elgin and that no additional legal obligations
or duties are intended or shall be construed to have been
created by this agreement . It is further understood and agreed
that this agreement is not intended nor shall be construed to
alter, limit or constitute a waiver of any of the civil
immunities afforded the City pursuant 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
civil immunities set forth in such Act, as amended, shall fully
apply to any claims asserted or which might be asserted against
the City as a result of this agreement or any actions of the
parties pursuant to this agreement .
IN WITNESS WHEREOF the City Manager and City Clerk
have executed this agreement for and on behalf of the City of
Elgin and Finch & Barry Properties have executed this agreement
for and on behalf of said Company and each have caused their
respective,, corporate seals to be affixed.
Dated: ��', 'g O d
CITY OF ELGIN
Y ( � I-
Ci y M' pager
Attest :
City Clerk t
FINCH & BARRY PROPERTIES
By
President
Attest :
Secreta y