[Adopted 2-9-1970 by Ord. No. 15274[1]]
[1]
Editor's Note: The provisions of this article
are derived from Ch. 11, § 11-2, of the former Revised Ordinances,
adopted 2-9-1970 by Ord. No. 15274.
It shall be unlawful for any person to install
and maintain an auxiliary fire alarm system connected with the fire
alarm system of the City unless said person first enters into an agreement
with the City, which agreement shall read as follows:
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Agreement
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  This agreement, made this .... day
of............ 19....., by and between the City of Schenectady, a
municipal corporation, organized and existing under and by virtue
of the laws of the State of New York, party of the first part, and
......................., party of the second part;
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  Witnesseth:
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  Whereas, the party of the second
part desires to install in its properties at ............ in the City
of Schenectady, New York, an auxiliary fire alarm system and further
desires to connect said auxiliary fire alarm system to the fire alarm
system of the City of Schenectady to the end that in the event a fire
breaks out in the premises of the party of the second part, the Fire
Department of the City of Schenectady would be promptly notified thereof
through the fire alarm system of Schenectady.
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  Now, therefore, the party of the
first part hereby consents to such installation with the fire alarm
system of the City of Schenectady, subject, however, to the following
conditions:
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  1. The cost of all labor and materials
incurred in making such installation and connection with the Municipal
Fire Alarm System of the City of Schenectady shall be borne entirely
by the party of the second part.
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  2. The party of the second part
agrees to keep said auxiliary system in a proper state of repair at
all times and without expense to the party of the first part.
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  3. The installation and connection
above referred to shall at no time interfere with the proper operation
of the Municipal Fire Alarm System of the City of Schenectady.
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  4. All installations and connections
herein provided for shall be made in strict accordance with the rules,
regulations and requirements of the National Board of Fire Underwriters
and shall be subject to the supervision and approval of the Superintendent
of Fire Alarm of the City of Schenectady, and said premises shall
also be at all times hereafter subject to inspection by said Superintendent
of Fire Alarm of the City of Schenectady for the purpose of determining
whether said system and connection is in proper state of repair. If
for any reason additional equipment, devices or changed wiring is
required, subsequent to initial approval by the Department of Signal
Control, said Department is to be notified prior to such changes.
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  5. Any and all architects, contractors
or builders engaged in said installation of fire alarm systems for
use in schools, hospitals, stores, institutions, etc., to be connected
to the Municipal Fire Alarm System, agree to contact the Superintendent
of Fire Alarm of the City of Schenectady for approval of said connection
to the Municipal Fire Alarm System.
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  6. In the event that said auxiliary
system or connection to the fire alarm system or the general Municipal
Fire Alarm System fails to function for any reason, the party of the
first part is hereby released from any liability or responsibility
in connection therewith.
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  7. The party of the second part
agrees to furnish, install and connect a fire alarm box outside the
building at............. The party of the first part agrees to periodically
test the proper functioning of said fire alarm box.
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  8. In case of violation of any of
the covenants or conditions of this agreement to be performed by the
party of the second part, the party of the first part may terminate
this agreement at any time by giving the second party 10 days' notice
in writing by regular mail addressed to the second party, its successors
or assigns, at the address herein noted, unless the second party notifies
the first party in writing of a change of address, in which event
notice of termination shall be sent to that address.
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  9. The party of the second part
agrees to furnish, install and maintain a key lockbox in accessible
location on the exterior of the building. The key lockbox shall be
of a type approved by the Fire Chief of the City of Schenectady and
shall contain keys to gain necessary access if required by the Fire
Chief.
[Amended 6-18-1984 by Ord. No. 84-33] |
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  10. The party of the second part
agrees to release and forever discharge the party of the first part,
its assigns and successors in interest of and from all and all manner
of action and actions, cause and causes of action, suits, debts, sums
of money, accounts, covenants, contracts, controversies, agreements,
promises, variances, trespasses, damages, judgments, executions, claims
and demands whatsoever, in law or in equity, for any loss or damage
which the party of the second part may suffer which is alleged to
have been caused or caused by agents, servants or employees of the
party of the first part in the course of their duties.
[Amended 6-18-1984 by Ord. No. 84-33] |
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  11. It is mutually understood and
agreed that this agreement shall be binding upon the parties hereto,
their successors or assigns, except as otherwise herein stated.
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  In witness whereof this agreement
has been executed in duplicate the day and year first above written.
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