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HomeMy WebLinkAboutRESOLUTION - 5-70 - 1/13/1970 - FIRE PROTECTION AGRMT/BRANIGARS SUB RESOLUTION NO, �Q RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT - BRANIGER=S SUBDIVISION NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trus- tees of the Village of Elk Grove. Village, Counties of Cook and DuPage, State of Illinois: Section 1 : The President and Village Clerk are hereby authorized and directed to execute an agreement between the Village, Forest View Home Owners Association, a corporation not for profit, and the Forest View Fire Protection District to furnish fire protection to areas under their authority for a period notexceeding February 28, 1971 per Contract, a copy of which is marked Exhibit "A" and incorporated herein be reference. Section 2 : That this resolution shall be in full force and effect from and after its passacre and approval according to law. PASSED this _13th day of January, 1970. APPROVED this �3h day of January, 1970. VOTE: AYES_5 NAYS u ABSENT 0 Village Pre ident ATTEST: Village Clerk J The above resolution was duly adopted, however, the agreement was not executed by the Forest View Home Owners Association. ARTICLES OF AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, AND THE FOREST VIEW HOME OUNERS ASSOCIATION, A CORPORATION NOT FOR PROFIT AND THE FOREST VIEW FIRE PMTECTIOn DISMICT THIS AGREEMENT# made this day of 1970, by and between the Village of Elk Grove Village, a municipal corporation of Illinois (hereinafter referred to as the Village) , the Forest View Rome Owners Association, a not for profit corporation (hereinafter referred to as the Association) and the Forest View Fire Protection District (hereinafter referred to as the District) , WITNESSETHt WHEREAS, the Village maintains a fire department and is ready, able and willing to render fire protection service without its corporate limits upon reasonable teras, and WHEREAS, the Association represents the home owners and pxcperty owners in a territory adjoining but without the Village limits, which territory is marked in red on the reap attached hereto and isarked Exhibit °A-, which desires to have the fire protection of the Village and is willing to pay the sum hereinafter providod ior, and WHEREAS, the District is a duly organized lire district under the laws of +:r4a State of I1Lnoia and that the ztrea marred on P.Lxhibit "A" ia within the boundaries of the District for which it is legally bound to provide fire protection. NOW, THEREFORE, IT IS AGREED by and between the parties here- * as followst 1. As to the territory which boundaries are set forth in Exhibit "A" attached, the Village hereby contracts to furnish for the period of time b"jinning March 1, 1970 and ending February 28, 1971, the full fire Protection 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 Villaga limits. 2. The Village shall in no vise and under no circumstances be held Keble for any loss or damage by reason of its failure to extinguish fires within the territory described in Exhibit "A" attached. 3. The Association and the District agree that it is responsible for all fire calls by whomsoever made by which the Village fire depart- ment is called upon to render fire protection service within the terri- tory described in Exhibit"A" attached, and all such fire calls by whomso- ever made shall be regarded as authorised by and made on behalf of the Association and the District. -1- 4. The Association and the District shall be responsible for all calls answered by the Village's fire department, whether actual fire extinguishing service is rendered or not. 5. 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 fire service in the performance 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. 6. The Association and the District agree to pay to the Village the sum of Eleven Thousand and No/100 (511,000.00) Dollars for the period specified, said sum to be paid as follows One-third (1/3) of said sum on March 1, 19701 One-third (1/3) of said sum on July 1. 19701 and the balance on or before Novem�er 1, 1970. The first payment hereof is hereby acknowledged as received. 7. In default of any one or more of said payments, the Village, at its option and upon thirty (30) days written notice to the Associa- tion and the District, tray terminate thence Articles and refuse fire protection service as provided for herein. 8. Inhalator service operated by the Village vill be available to inhabitants of the territory described in Exhibit "A" attached during the term of this contract, or extension thereof, with no additional charge, upon the same conditions as herein apply to fire protection service, 9. This contract shall be terminated on February 28, 1971 and is not renewable. 10. All notices sent to the Village shall be sent to Edward C. 8ofert, Village Attorney, 780 Lee Street, Das Plaines, Illinois 60016. All noticee s ant to the Association and the District shall be sent to Donald M. Prase, One North LaSalle Street, Chicago, Illinois 60602. Notification to said parties shall be deemed notification to the Village and notification to the Association and the District respectively. IN WITNESS HEREOF, the Association, the District and the Village have signed and executed this agreement pursuant to proper and appro- priate legal authority. FOREST VIEW HOME OWNERS ASSOCIATION, a not for profit corporation, Dye ATTESTt Its President Saccretary FOREST VIEW FIRE PROUCTION DISTRICT by Its VILLAGE OF ELK GrOVE VILLAGE, a Municipal Corporation By Its President ATTESTS Village Clerk -3- + _ , —1 Ixrn yy •e- ,ir-�� 1 �� t ✓ R� Ifin _ 0 I,x 4� 1 4c It 7 71— > � i / �7 47 ' C t r Li ---7i -- �/ r 17 r "IiI3 R SIESTEAFICLD ) i•r �� /� Hj -- 4 44 rr l 1 rF • I"c� ' t•. LL � �J�y:.,�,, � rx.-tg— ^' :,;,•:`—' �''•, ,w CEJ tfff,j.�r : �� �` --�_ .-.: �V - -�__��— t ,