06-316 Resolution No. 06-316
RESOLUTION
AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH
DSM DESOTECH INC.
WHEREAS, DSM Desotech Inc., 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 Olufemi Folarin,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 DSM Desotech Inc. 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: December 20, 2006
Adopted: December 20, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
FIRE PROTECTION AGREEMENT
WHEREAS, DSM Desotech Inc., a Delaware 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 at the property commonly known as 1122 St. Charles Street,in Elgin Township,
Kane County, Illinois, (hereinafter referred to as the "Subject Property") 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 the Subject 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 the Subject
Property for a period of one(1)year commencing January 1,2007 and terminating on December 31,
2007. 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 at the Subject Property 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 at the Subject
Property 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 Thirty-Seven Thousand Eight Hundred Nine Dollars($37,809). Said payment shall
be paid no later than January 5, 2007.
3. That any rights of Company arising pursuant to or in connection with this
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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,the Emergency Telephone
System Act at 50 ILCS 750/0.01 et seq.,as amended,the Emergency Medical Services Systems Act
at 210 ILCS 5011 et seq., as amended, and/or otherwise provided by law, it being agreed that all of
the civil immunities as set forth in such Acts, as amended, and/or otherwise provided by law, shall
fully apply to any and all claims asserted or which might be asserted against the City and/or its
officials,officers,employees and/or agents as a result of this Agreement or any of the actions of the
parties pursuant to this Agreement. Without limiting the foregoing, it is further agreed and
understood that the City and/or its officials, officers, employees and/or agents as a result of this
Agreement or any of the actions of the parties pursuant to this Agreement shall not be liable to any
party to this Agreement or any other person or entity for failure to provide adequate fire protection,
rescue, or emergency service, failure to suppress or contain a fire, failure to provide or maintain
sufficient personnel,equipment,or other fire protection facilities,and/or for any act and/or omission
in connection with the developing,adopting,operating or implementing any plan or system relating
to the City's emergency telephone systems. Notwithstanding anything to the contrary in this
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Agreement,it is agreed and understood that no third-party beneficiaries are intended to be created by
the provisions of this Agreement and it is the intention of the parties hereto that no action may be
commenced by any person or entity against the City and/or its officials,officers,employees,agents
and/or other related persons or entities for monetary damages for any alleged breach or failure to
provide services described in 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 DSM Desotech Inc. have executed this agreement for and on
behalf of said Company and each have caused their respective corporate seals to be affixed.
Dated: �` 6,, won
CITY OF ELGIN
By
i y ager ^
Attest: qq�/
City Clerk
DSM DE E H-I
NC—
ByD, ..:, .«a T-+-1
OpzW "i b aireav(5
Attest:
/
Secretary
FALegal Dept\Agreement\FireProtection-DSM Desotech-2007.doc
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C it Y g of Elgin I n Agenda Item No.
-
December 6, 2006
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager �y c so<veno„
,c„f
James R.Nowicki, Fiscal Services Director
SUBJECT: Fire Protection Agreements for 2007
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider Fire Protection Agreements for three properties located outside the city
limits.
RECOMMENDATION
It is recommended that the City Council approve the 2007 Fire Protection agreements for those
three properties located outside the City limits.
BACKGROUND
The City first offered fire protection contracts in 1962 to Illinois Tool Works, Chicago Rawhide,
Leewards and McGraw Edison (St. Charles Street). In 1967, the fire protection contracts
established a tax rate based on real estate and personal property assessed valuations. The tax rate
only included operating costs and capital expenditures of the Fire Department. Insurance costs,
depreciation and pension contributions were added to the formula in 1976 which currently
equates to a rate of$2.10 per$100 Equalized Assessed Valuation.
The overall goal in establishing the fire protection charges was to make it economically
beneficial for each business to annex into the City of Elgin.
The following table highlights the assessed valuations(2005 & 2006), and fire protection charges
for 2006 as well as the recommended charges for 2007.
r
2005 Assessed 2006 Assessed 2006 2007 Proposed
Valuation Valuation Ch des &
ITW $1,694,984 $1,804,989 $35,595 $37,905
DSM Desotech
1,690,691 1,800,417 35,505 37,809
St. Charles 131,009 139,607 2,751 2,932
Properties
Totals $3,516,684 $3,745,013 $73,850 $78,645 actual
The projected 2007 fire protection charges will increase oy$3 ,795013efrom compared
6t68he Kane
2006 totals due to the increase in assessed valuation
County Forest Preserve, who owns the Eagles Club, did not pay their 2006 charge and is
considering annexation in 2007.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Representatives from the three properties were contacted and notified of the proposed 2007 fire
protection agreement charges.
FI NCIAL IMPACT
and
Total fire protection charges would equal $78,645 l Fund for2007 in account number exenditures.
Revenue totaling$78,000 was budgeted in the
010-0000-538.00-00.
LEGALIMPACT
None.
ALTERNATIVES
1. Provide fire protection to these three properties.
2. Do not provide fire protection to these three properties.
Respectfully submitted for Council consideration.
JRN/mlm
FIRE PROTECTION AGREEMENT
WHEREAS, DSM Desotech Inc., a Delaware 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 at the property commonly known as 1122 St.Charles Street,in Elgin Township,
Kane County, Illinois, (hereinafter referred to as the "Subject Property") 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 the Subject 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 the Subject
Property for a period of one(1)year commencing January 1,2007 and terminating on December 31,
2007. 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 at the Subject Property 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 at the Subject
Property 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 Thirty-Seven Thousand Eight Hundred Nine Dollars($37,809). Said payment shall
be paid no later than January 5, 2007.
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,the Emergency Telephone
System Act at 50 ILCS 750/0.01 et seq.,as amended,the Emergency Medical Services Systems Act
at 210 ILCS 5011 et seq., as amended, and/or otherwise provided by law, it being agreed that all of
the civil immunities as set forth in such Acts, as amended, and/or otherwise provided by law, shall
fully apply to any and all claims asserted or which might be asserted against the City and/or its
officials,officers,employees and/or agents as a result of this Agreement or any of the actions of the
parties pursuant to this Agreement. Without limiting the foregoing, it is further agreed and
understood that the City and/or its officials, officers, employees and/or agents as a result of this
Agreement or any of the actions of the parties pursuant to this Agreement shall not be liable to any
party to this Agreement or any other person or entity for failure to provide adequate fire protection,
rescue, or emergency service, failure to suppress or contain a fire, failure to provide or maintain
sufficient personnel,equipment,or other fire protection facilities,and/or for any act and/or omission
in connection with the developing,adopting,operating or implementing any plan or system relating
to the City's emergency telephone systems. Notwithstanding anything to the contrary in this
2
Agreement,it is agreed and understood that no third-party beneficiaries are intended to be created by
the provisions of this Agreement and it is the intention of the parties hereto that no action may be
commenced by any person or entity against the City and/or its officials,officers, employees, agents
and/or other related persons or entities for monetary damages for any alleged breach or failure to
provide services described in 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 DSM Desotech Inc.have executed this agreement for and on
behalf of said Company and each have caused their respective corporate seals to be affixed.
Dated: a
CITY OF ELGIN
B
it anager '
Attest:
City Clerk
DSM DE CH INC.
By Per fi
�s '(ecW
Attest:
Secretary
FALegal Dept\Agreement\FireProtection-DSM Desotech-2007.doc `
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