HomeMy WebLinkAboutRESOLUTION - 86-80 - 9/9/1980 - AGRMT/ITASCA MEADOWS FARMS HOMEOWNERS RESOLUTION NO. 86-80
A RESOLUTION OF APPROVAL OF ARTICLES OF AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND THE ITASCA MEADOW FARMS HOMEOWNERS ASSOCIATION
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois:
Section 1 . That the Village President be and is hereby authorized to
sign the attached documents marked ''Articles of Agreement between the Village
of Elk Grove Village and the Itasca Meadow Farms Homeowners Association'' , a
copy of which is attached hereto and made a part hereof as if fully set forth,
and the Village Clerk is authorized to attest said documents upon the signature
of the Village President.
Section 2. That this resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this 9th day of September 1980,
APPROVED this 9th day of September 1980,
Charles J. Zettek
Village President
ATTEST:
Fay M. Bishop
Village Clerk
ARTICLES OF AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE , ILLINOIS AND THE ITASCA
MEADOW FARMS HOMEOWNERS ASSOCIATION
This agreement made this day of 1980, by
and between the Village of Elk Grove Village, a municipal corporation
of Illinois (hereinafter referred to as "Village'') , and the Itasca Meadow
Farms Homeowners Association, a not-for-profit Illinois corporation, (here-
inafter referred to as "Association'') .
W I T N E S S E T H
WHEREAS, the Village maintains a Fire Department, and is ready,
willing and able to render emergency fire protection and emergency ambulance
service in certain areas outside its corporate limits upon reasonable terms ;
and
WHEREAS, the Association is a duly organized not-for-profit Illinois
corporation, and represents the homeowners residing in the Itasca Meadow
Farms Subdivision and that the area marked on Exhibit "A" consisting of
53 lots or parcels is within the boundaries of the Elk Grove Village
Emergency Fire Protection and Ambulance Service area;
NOW, THEREFORE , IT IS AGREED by and between the parties hereto as
follows:
1 . As to the territory, which boundaries are set forth in Exhibit A
(except as to properties noted thereon and marked with an asterisk (--;) which
Exhibit is attached hereto, the Village hereby contracts to furnish for the
period of time beginning November 1 , 1980 and ending October 31 , 1981 full
emergency fire protection and emergency ambulance service of its Fire
Department to the extent of its ability consistent with its obligation
under other contracts and its primary duty to furnish such protection to
property within the Village limits.
2. The Village agrees to carry public liability insurance for property
damage against liability to persons or property incurred or suffered by reason
of operation of motor vehicles by members of the Village Fire Department while
in the performance of their duties as firemen in rendering service in the per-
formance of this contract or returning to the station after the performance of
such duties. The amount of said insurance to be the same as is presently in
force for the Village, which is Bodily Injury Insurance in the amount of
$500,000 each person, $1 ,000,000 Aggregate, $100,000 property damage, with a
Five Million Dollar umbrella coverage.
3. (A) The association agrees to pay the Village the sum of $1 ,950.00
(30 d.u.x $65.00) on or before December 1 , 1980, receipt of which is acknow-
ledged for services dered during the period endinc :tober 31 , 1981 . The
Association may add additional properties in the subdivision area which are
not covered provided it does so on or before December 1 of the contract year,
by payment of an additional $65.00 amount for each residence to be protected.
The Association may elect on or before December 1 to deduct from coverage not
more than five (5) residences heretofore covered, provided this be done on or
before December 1 of the Contract Year, in which case the sum due shall be
reduced by $65.00 per residence deducted from coverage.
3. (B) In the event the amounts called for hereunder are not paid on
the due date, this Agreement shall be null and void at the option of the
Village, which option shall be exercised by sending a letter to said effect
to the Association c/o E. W. Remus, Attorney At Law, 1037 Lincoln Lane,
Elk Grove Village, Illinois 60007.
4. Any person newly acquiring property which has heretofore not been
covered and lies within the Subdivision area may within thirty (30) days of
being deeded the property apply for coverage through the Association and
shall be entitled to coverage provided said application is made within
thirty (days) from the date which he acquires said property. The date of
the deed by which he acquired the property shall be determinative. Properties
who acquire entitlement by virtue of being newly acquired shall have the right
to service in the contract year after July 1 for half of the regular fee for
the balance of the contract year.
5. Emergency ambulance service operated by the Village will be avail-
able to the inhabitants of the territory described in the exhibit attached
and marked Exhibit A. , during the term of this contract, or extension thereof,
with no additonal charge, upon the same conditions as herein apply to fire
protection service. Said ambulance service shall transport patients only to
Alexian Brothers Medical Center on Biesterfield Road.
6. (A) This contract shall be terminated on October 31 , 1981 , and shall
be automatically- renewable for one-year periods thereafter.
(B) If the Association renews this contract, the Association agrees
to pay $1 ,950.00, (30 x $65.00) on or before December 1 , of each contract period.
(C) Prior to ninety (90) days before the termination date of any
renewal period, either party shall have the right to renegotiate the terms of
this contract. Failure of the parties hereto to agree to such new proposed terms
shall cause this contract to be terminated at the end of any such renewal period.
(D) Either party hereto may terminate this contract by sending written
notice expressing its intention to so terminate to the remaining parties prior to
ninety (90) days of the termination date of any existing period or renewal period.
7. It is understood that no refunds of any monies heretofore paid or
to be paid to the Village in the future hereunder shall be made. It is
understood, however, that if a property owner sells his residence hereunder
and if said residence is covered, then said residence shall be covered and
remain covered and the buyer shall be entitled to coverage during the balance
of the contract period for which payment has been made.
8. All notices sent to the Village shall be sent to George B. Knickerbocker,
Village Attorney, 780 Lee Street, Des Plaines, Illinois 60016. All notices
sent to the Association shall be sent to E. W. Remus, Attorney At Law, 1037
Lincoln Lane, Elk Grove, Illinois 60007. Notification to said parties shall
be deemed notification to the Village and notification to the Association.
IPJ WITNESS WHEREOF, the Association and the Village have executed this Agree-
ment on the day and year first above written.
ITASCA MEADOW FARMS HOMEOWNERS ASSOCIATION
ATTEST: A Not-for-Profit Illinois Corporation
BY
Secretary President
VILLAGE OF ELK GROVE VILLAGE
ATTEST: A Municipal Corporation
BY
Village Clerk Village President