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
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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