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03-224 Resolution No. 03-224 RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Settlement Agreement on behalf of the City of Elgin with the South Elgin and Countryside Fire Protection District regarding the annexation and disconnection of properties, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 13 , 2003 Adopted: August 13 , 2003 Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SETTLEMENT AGREEMENT BETWEEN THE CITY OF ELGIN AND THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES THIS AGREEMENT is made and entered on the last date set forth next to the signatures of the SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT (the "District" ) and the CITY OF ELGIN (the "City" ) (collectively, the "Parties" ) , that have approved this Agreement in the manner provided by law. WHEREAS, the City has previously annexed certain territory and currently intends to annex additional territory in the area identified in the map attached hereto and made a part hereof as Exhibit A (such area identified in the map attached hereto as Exhibit A is hereinafter referred to as the "Subject Area" ) ; and WHEREAS, portions of the Subject Area have previously been or are presently within areas serviced by the District ; and WHEREAS, the City and the District both claim a right to the jurisdiction of certain territories within the Subject Area which have been or may be annexed to the City; and WHEREAS, it is in the best interests of the Parties and the citizens of the areas within the Subject Area to settle the dispute over the jurisdiction over such areas; and WHEREAS, in absence of a settlement agreement the Parties would otherwise engage in probable litigation regarding whether certain territories within the Subject Area that have been or will be annexed to the City will become disconnected from the District and such probable litigation will cause potential concerns and confusion in the provision of efficient fire protection and emergency medical services to the Parties' respective jurisdictions which the Parties wish to avoid; and WHEREAS, the Parties wish to enter into this Settlement Agreement to fully and finally settle all claims regarding the annexation to the City and disconnection from the District of any and all property or territory in the Subject Area; and WHEREAS, simultaneously with the entry into this Settlement Agreement the Parties also intend to enter into an Intergovernmental Agreement for automatic fire and emergency medical services for the areas referred to in such Intergovernmental Agreement; and WHEREAS, the Parties agree that neither the District nor the City shall either directly or indirectly seek or support any modification of this Agreement through court action, and this Agreement shall remain in full force and effect for its full term as set forth below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows : Section One: The City and the District hereby agree : (1) Any property or territory within the Subject Area identified in the map attached hereto and made a part hereof as Exhibit A that has previously been or is during the term of -2- this Agreement annexed into the City shall by operation of law be disconnected from the District pursuant to 70 ILCS 705/20 (a) , as amended. (2) The District further agrees for itself, its officials, officers, employees, successors and assigns that it shall not either directly or indirectly file any court action or take any other action which challenges, objects to, opposes or seeks to prevent the disconnection from the District of any property or territory within the Subject Area that has previously been or is during the term of this Agreement annexed into the City including, but not limited to, filing a petition seeking to prevent such disconnection pursuant to 70 ILCS 705/20 (b) , as amended. The District further agrees for itself, its officials, officers, employees, successors and assigns that it hereby waives any and all rights to either directly or indirectly file any court action or take any other action which challenges, objects to, opposes or seeks to prevent the disconnection from the District of any property or territory within the Subject Area that has previously been or is during the term of this Agreement annexed into the City including, but not limited to, hereby waiving any and all rights to file a petition seeking to prevent such disconnection pursuant to 70 ILCS 705/20 (b) , as amended. (3) The District further agrees for itself, its officials, officers, employees, successors and assigns that it -3- shall not either directly or indirectly file any court action or take any other action which challenges, objects to, opposes or seeks to prevent any annexation to the City of any property or territory within the Subject Area that has previously been or is during the term of this Agreement annexed into the City. The District further agrees for itself, its officials, officers, employees, successors and assigns that it hereby waives any and all rights to directly or indirectly file any court action or take any other action which challenges, objects to, opposes or seeks to prevent any annexation to the City of any property or territory within the Subject Area that has previously been or is during the term of this Agreement annexed into the City. (4) For the purposes of clarification, the Subject Area identified in the map attached hereto as Exhibit A includes and extends to the far side of any roadways which are adjacent to the Subject Area including, but not limited to, Bowes Road, Nesler Road, Corron Road, Hopps Road, Water Road and Randall Road. (5) The provisions of this Section One shall survive the expiration of this Agreement with respect to any property or territory within the Subject Area which are annexed by the City prior to June 30, 2006 . Section Two: The City agrees to pay to the District a total of One Million Dollars ($1, 000 , 000) during the term of this -4- Agreement. Payments from the City to the District shall be made as follows : Two Hundred Fifty Thousand Dollars ($250, 000) on or before February 1, 2004 ; Three Hundred Twenty-Five Thousand Dollars ($325, 000) on or before February 1, 2005; and Four Hundred Twenty- Five Thousand Dollars ($425, 000) on or before February 1, 2006 . Section Three: This Agreement shall be in full force and effect for its entire term and shall supersede any agreement, resolution, or motion, or part of any agreement, resolution, or motion in conflict with any part herein, and any such conflicting agreement, resolution, or motion is hereby repealed to the extent of any conflict . Section Four: This Agreement shall be effective from July 1, 2003 through June 30, 2006. Section Five: This Agreement shall be binding upon and inure to the benefit of this District and this City, and upon any persons or entities who may be assigned or otherwise succeed to all or any portion of the authority, rights, duties, powers, functions or purposes of the District and the City, or either of them. This Agreement and the obligations herein may not be assigned without the express written consent of each of the Parties hereto which consent may be withheld at the sole discretion of either of the Parties hereto. Section Six: This Agreement is not intended and shall not be deemed or construed to create an employment, joint venture, -5- partnership or other agency relationship between the Parties hereto. Section Seven: All notices or other communications hereunder shall be in writing and shall be deemed given if personally delivered sent by overnight courier or mailed by registered or certified mail, return receipt requested, to the Parties at the following addresses, or at such other addresses for a party as shall be specified by a like notice and shall be deemed received on the date which said notice is hand delivered or the second business day following the date on which so mailed: TO THE CITY: TO THE DISTRICT : City of Elgin South Elgin and Countryside 150 Dexter Court Fire Protection District Elgin, IL 60120-5555 150 W. State Street Attention: City Manager South Elgin, IL 60177 with a copy to : Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Section Eight: This Agreement is subject to and shall be governed by the laws of the State of Illinois . Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois . Section Nine: The failure by a party to enforce any provision of this Agreement against the other party shall not be deemed a waiver of the right to do so thereafter. -6- Section Ten: This Agreement may be modified or amended only in writing signed by both Parties hereto, or their permitted successors or assigns, as the case may be . Section Eleven: This Agreement contains the entire agreement and understanding of the Parties hereto with respect to the subject matter as set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. Section Twelve: This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and the District and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction and in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. Section Thirteen: The City and District agree that, in the event of a default by the other party, the other party shall, prior to taking any such action as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulting party fourteen (14) days within which to cure such default . If the default shall not be cured within the fourteen (14) day period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under law. Section Fourteen: This Agreement and the obligations of the Parties hereunder are contingent upon and subject to the Parties -7- also entering into and performing their respective obligations of that certain Intergovernmental Agreement between the City of Elgin and the South Elgin and Countryside Fire Protection District for automatic fire and emergency medical services to be entered into between the Parties simultaneously with the entry into and execution of this Settlement Agreement . IN WITNESS WHEREOF, the Parties, pursuant to proper and necessary authorization, have executed this Agreement, consisting of 8 pages, exclusive of exhibits on the dates shown below. APPROVED AND ADOPTED on this 134-4. day of August, 2003 . CITY OF ELGIN ATTEST: BY: e der7/ BY: A4911".".40 / L4 - Mayor City Clerk APPROVED AND ADOPTED on this HO,. day of August, 2003 SOUTH ELGIN AND COUNTRYS DE ATTEST: FIRE PROTE ON,/TR T BY 'I .61 " By: 66.4404 residen ', B.': of Trustees Secretary, Board of Trustees F:\Legal Dept\Agreement\Fire Protection-SE-Settlement Agr-WAC.doc -8-