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HomeMy WebLinkAboutRESOLUTION - 5-63 - 2/21/1963 - FIRE PROTECTION CONTRACT/BRANIGARS RESOLUTION NO. 5-63 A RESOLUTION AUTHORIZING A FIRE PROTECTION CONTRACT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE FOREST VIEd HOME OWNERS ASSOCIATION. A CORPORATION NOT FOR PROFIT NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village: Section 1. That the President and Village Clerk of the Village of Elk Grove Village are hereby authorized and directed to sign and execute on behalf of the Village of Elk Grove Village a fire pro- tection contract by and between the Village of Elk Grove Village and the Forest View Home Owners Association, a Corporation not for profit, a copy of which contract is attached hereto and made part hereof, as if fully set forth. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 21st day of February, 1963. APPROVED this 21st day of February, 1963. James R. Gibson President Attest: Eleanor G. Turner Village Clerk Ilk �..v _ .__.� .«--..�..�•..—....s�..r..-rw+�. .w✓vbaw.:.:u...Fe.vKmr.om::m,.r...sDdbk.w...u_:'MtlJAYs�'ieMJY-,�. swr 4/10/11/62 ARTICLEsB OF AGRMXNT BETWEEN THE VILLAGE OF ELK OROVEs ILLIN0I2, AND TER POMItST VIEW HONE OWNERS ASSOCIATION, A CORPORATION POT FOR PROFIT THIS AORNEMENTr made this o&/, day of � r 19 9, by and between the Village of M Grove vulages a muniorM pal corporation of Illinois (hereinafter referred to as the v11- lags) and the Forest view Home Owners Association, a not for pro- fit corporation (hereinafter referred to as the Association), WITNIii4SETH r WHEREAS, the Village maintains a fire department and is ready, cble and willing to render fire protection service without its corporate limits upon reasonable terms, and WHEREAS, the Association represents the hoax owners and property owners in a territory adjoining but without the Village limits, which territory is marked in red on the MW attached hereto and marked Exhibit A, which desires to have the fire pro- tection of the Village and is willing to pay the sum hereinafter provided for. NOW, THRREFORNr IT IS AGREED by and between the parties hereto as follower 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 beginning November 1, 1962 and ending October 31, 19639 unless extended as herein provided, the fall fire protection service of its fire department to the extent of its ability consistent with its obligation ander other contrasts and its primary duty to furnish such protection to property within the Village limits. 2. The Village shall in no wise and under no eiroum- stances be held liable for any loss or damage by reason of its failure to extinguish fires within the territory described in Exhibit A attached. 3. The Association agrees that it is responsible for all fire oalls by whomsoever made by which the Village fire de- partment is called upon to render fire protection service within the territory described in Exhibit A attached, and all such fire calls by whomsoever made shall be regarded as authorised by and made on behalf of the Association. 4. The Association shall be responsible for all salts answered by the Villagers fire departments whether actual firs extinguishing service is rendered or not. 5. The Village agrees to oar" public liability fasur- anoe 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 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. 4' 6. In consideration of the foregoing fire protection service rendered by the Village, the Association agrees to pay to the Village the sum of Fifteen hundred ($1,500) Dollars for the period of time beginning November 1, 1962 and ending October 31, 19631 said sun to be paid as follows: $500 upon the execution of these Articles of Agreements receipt of whish is herebyacknowledg*dl the additional sun of $500 on or before February 1. 193 and the balance due on the sontrast of $500 on or before flay 18 1963. 7. In default of any one or more of said payments, the villages at its option and upon 30 days written notice to the Associations may terminate these Articles and refuse fire protec- tion service as provided for herein. 8. Inhalator service operated by the Village will be available to inhabitants of the territory described in labIbit A attached during the term in this contract, or extension thereof, with no additional charge, upon, the same conditions as herein apply to fire protection service. 9. This contract shall automatically renew from year to years provided, howeverp that it may be terminated, effective at the end of any contract year, by either of the parties hereto, upon giving the other party notice in writing of such intention to terminate on or before the first day of April prior to the end of such contract year. Immediate notice shall be given the Cook County Inspection Uureau cf the termination of this contract. 10. In any events these Articles may be terminated at any time by either of the parties hereto, by delivery of written notice of such intention to so terminate these Artieless to the then secretary of the other party, by registered letters postage prepaid return receipt requested, deposited in the Lnited States post office system, said notice to be posted at least 30 days prior to the date the intended cancellation is to effect. In any such event, cost of said fire service shall be prorated. 11. All notices sent the Village shall be sent to Edward C. Hoferts Village Attorneys 77 Best Washington Street, Chicago, Illinois] all notices sent the Association shall be sent to Peter O. Schultz of the lawfirm of Chino and Schultz, 131 North LaSalle Streets Chicago, Illinois. Notification to said parties shall be deemed notification to the Village and Associa- tion respectively. IN WITNESS WHEREOF, the Association has caused this con- tract to be signed and sealed on its behalf by its President with the attestation of its Secretary pursuant to resolution duly adopted by the Association, and the Village has caused this can- tract to be signed and sealed an its behalf by its President with the attestation of its Village Clark pursuant to resolution of the Village Hoard of Trustees. FOREST VIEW EOVE OWNERS ASSOCIATIOA, a nAk for profit corporation, Atte / �7 �J By � - Secret 71 Prd'ordent VILLAOY OF ELS (ROVE VILLAGEo a Muslsipal orations Attests By o0 . - Pref, eat Village Clerk