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HomeMy WebLinkAboutCollege Hills/ CFD Training CARMEL FIRE DEPARTMENT APPllOVED, AS FORM BY: COLLEGE HILLS HOUSES - TRAINING AGREEMENT THIS AGREEMENT, dated ,7tq flu//p. y 3 o 2002, is by and between Duke Realty Limited Partnership ("Owner"), 600 East 96th Street, Suite 100, Indianapolis, Indiana, and City of Carmel Fire Department CCFD"), Two Civic Square, Carmel, Indiana 46032. WHEREAS, Owner is the fee simple owner or authorized agent of the fee simple owner of certain real property located in College Hills on Guilford Avenue and north of East 96th Street in Indianapolis, Indiana (the "Property"); and WHEREAS, various portions of the Property currently contain single-family-residential houses and related structures ("Houses") which Owner wishes to remove from the Property; and WHEREAS, CFD wishes to carry out training session(s), including live bums of the Houses (the "Training"), at no expense to Owner, and Owner wishes to allow CFD to carry out the Training at no expense to Owner. NOW, THEREFORE, in consideration of the covenants, terms and conditions set forth herein, the parties agree as follows: 1. Trainin~ Sessions and Destruction of Houses. CFD is hereby authorized to use the Houses specified on Exhibit A, attached hereto and made a part hereof, in the Training, and will undertake to destroy as completely as possible all combustible elements of the Houses. The Owner makes no representation or warranty concerning the existence of soil contaminates or hazardous materials within the Houses or on the Property and CFD shall satisfy itself as to such matters prior to commencing Training. CFD will use reasonable precautions during the Training to prevent trees or other materials not part of the Houses to be destroyed or removed from the Property. In carrying out the Training, CFD shall be responsible for all matters related thereto, at CFD's sole cost and expense, including, but not limited to, the following: · The destruction of the Houses, using methods that maintain at all times unimpeded traffic flow on 96th Street, and, to the extent possible, on 1-465. · The us,e of appropriate traffic control devices at no cost to Owner. - Keeping streets reasonably clean of debris and dirt during the Training. · Leaving the Training site in a safe condition upon completion of each individual Training session. 1 · Cleaning the Property as necessary to maintain reasonable public safety upon completion of the Training. The CFD shall indemnify Owner from all costs, losses, expenses and reasonable attorneys' fees arising from CFD's actions or conduct during the Training, and hereby releases Owner from any liability for same. No person shall be entitled to any lien derived through or under CFD for any labor or material fumished to the Property or to CFD in carrying out the Training, and nothing in this Agreement shall be construed to constitute a consent by Owner to the creation of any such lien. If any lien is filed against the Property for work claimed to have been done for or material claimed to have been furnished to, through or under CFD in carrying out the Training, CFD shall cause such lien to be discharged of record within thirty (30) days after filing. CFD shall indemnify Owner from all costs, losses, expenses and reasonable attorneys' fees incurred in connection with any lien related to or arising from the Training. No sum shall be paid to CFD by Owner for destroying the Houses or for any portion of the Training. Owner hereby provides permission and license to CFD to access the Property only during the time periods specified herein or as otherwise agreed to by Owner, and only for the purposes stated herein. Owner represents and warrants that it is the fee simple owner of the Property and of all the Houses, or is a duly authorized representative of the owner of same, and has the authority to provide such permission and license. 2. Supervision and Trainin~ Procedures. CFD shall obtain, at its sole cost and expense, all government and municipal permits and approvals which may be necessary to conduct the Training, shall provide Owner with copies of all Training schedules, together with any necessary permits, approvals and other appropriate information showing the dates and the manner in which the Training shall be carried out, shall advise Owner of the logistics of the Training and maintenance of traffic flow during a Training session not less than five (5) days in advance of the commencement of such Training session. CFD shall supervise and direct the Training and shall have control over the Training means, methods, techniques, sequences and procedures and shall conduct the Training in accordance with all applicable laws, regulations, permits and approvals, and in a manner reasonably consistent with information provided to Owner. CFD shall be responsible to Owner for any acts or omissions of CFD's employees, invitees and agents in performing the Training. The Training shall begin no later than February ] , 2002, and be completed on or before M '~r~ P'} I ,2002. CFD may not, without Owner's express permission, access the Property prior to February 1, 2002, nor after/4~,/,~ [ , 2002. 3. Clean Up. CFD shall keep the Property reasonably flee from the accumulation of waste materials or rubbish caused by the Training. At the completion of the Training, CFD shall dispose of or remove from and around the Property its tools, construction equipment and machinery. 4. Safety. CFD shall take necessary and reasonable precautions for the safety of persons and property on the Property. CFD shall erect and properly maintain at all times, as required by the conditions and progress of its Training, necessary safeguards for the protection of persons and adjacent property. It is understood and agreed that under no circumstances shall Owner be liable to CFD, or its laborers, employees, suppliers or others, for damage or injury to persons or property caused by CFD, its employees, agents or invitees, during or on account of the Training. CFD shall notify Owner of any safety hazards or hazardous materials on the Property discovered or exacerbated by CIlD or its employees, agents or invitees during the Training. CFD shall ensure that all individuals taking part in Training at the Property sign a Waiver and Release in the form attached hereto as Exhibit B. 5. Insurance. CFD shall purchase and maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Training: (a) Claims under workers' compensation, disability benefit and other similar employee benefit statutes; (b) Claims for danaages due to bodily injury, occupational sickness or disease, or death of CFD's employees under any applicable employer' s liability law; (c) Claims for damages due to bodily injury or death of any person other than CFD's employees caused directly or indirectly by CFD in carrying out the Training; (d) Claims for damages covered by usual general liability insurance and sustained by any person as a result of an act or omission of CFD in carrying out the Training; and (e) Claims for damages due to bodily injury or death or damage to property arising out of CFD's ownership, maintenance or use of any motor vehicle or machine used in the Training. CFD's comprehensive general liability insurance shall be written for not less than the following limits: Workmen's Compensation Employer's Liability Statutory Not less than $100,000 Comprehensive General Liability including, but not limited to, Independent Contractors' and Owners' Protective, Broad Form Contractual Personal Injury, Completed Operations and deletion of any exclusion pertaining to explosion, collapse, and underground property damage hazards Comprehensive Automobile Liability including Owned, Non-Owned and Hired Car coverage Not less than $3,000,000 combined single limit for both bodily injury and properly damage Not less than $300,000 combined single limit for both bodily injury and properly damage Such insurance may be arranged under a single policy for the full limits required or under a combination of policies with the balance provided by an Excess or Umbrella Liability policy. Certificates evidencing such insurance shall be delivered to Owner before CFD commences the Training and as a condition precedent to CFD's right to access the Property for Training. 6. Indemnification. To the fullest extent permitted by law, CFD agrees to indemnify, save and hold harmless, and defend at its own expense, Owner and its directors, officers, partners, agents, employees, and entities (hereinafter "Indemnitees") from and against all claims, losses, damages, suits, costs, and expenses, including reasonable attorneys' fees, or actions of any nature whatsoever which arise out of, or are alleged to arise out of, CFD's actions or failure to act on the Property during the Training. CFD hereby releases Indemnitees from any liability for same, whether such claims, losses, damages, costs or expenses are based upon statutory, contractual, tort or other liability of an Indemnitee. This Agreement is entered into as of the day and year first written above. "OWNER .... CFD' DUKE REALTY LIMITED PARTNERSHIP an Indiana limited partnership By: Dukeyl, t~o~(~on, its general partner BY: , CITY OF CARMEL FIRE DEPARTMENT BY: Printed Name and Title Date: / -- ,~ O ' Approved and Adopted this {0~4~day of %~-~, 2002. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: J , Presiding Officer Date: ~22 - 6 ' d? ..~ ary ~rtn B~ke, Member B~y alker, Member Date:~ ~'~ "0[ ATTEST: te: