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Home My WebLink AboutCFD Controlled BurnCARMEL FIRE DEPARTMENT TOWNE ROAD - TRAINING AGREEMENT ,~I~PRO~r-I) ~.~10 FOl~l BY~ - THIS AGREEMENT, dated ~ ~ 2004, is by and between Farm Bureau Insurance ("Insurer"), 225 South East Street, Indianapolis, Indiana, and City of Carmel Fire Department ("CFD"), Two Civic Square, Carmel, Indiana 46032. WHEREAS, Insurer has received permission, evidenced by ~Exhibit A, from the owner of the property located 12575 Towne Road (the "Property") to burn certain structures (the "Structures") located thereon; and WHEREAS, CFD and Insurer wish to carry out training session(s), including live bums of the Structures (the "Training"). WHEREAS, after the Training conducted inside the partially burned Structures, Insurer wishes for CFD to do a controlled burn that destroys the Structures, and Insurer will then be responsible for removing the remaining debris from the property. NOW, THEREFORE, in consideration of the covenants, terms and conditions set forth herein, the parties agree as follows: 1. Training Sessions and Destruction of Structures. CFD is hereby authorized to use the Structures specified on Exhibit A, attached hereto and made a part hereof, in the Training, and will undertake to destroy as completely as possible ail combustible elements of the Structures. The Insurer makes no representation or warranty concerning the existence of soil contaminates or hazardous materials within the Structures 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 Structures 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 setting of the controlled fires within the Structures, then ultimately the setting of a fire to destroy the building so that Insurer can then remove the remains of the Structures. · Leaving the Training site in a reasonably safe condition upon completion of each individual Training session. · Leave the Structures in a condition to allow it to be reasonably secured until such time CFD conducts the final burn of the Structures. The CFD shall indemnify Insurer from all costs, losses, expenses and reasonable attorneys' fees arising from CFD's actions or conduct during the Training, and hereby releases Insurer from any liability for same. No person shall be entitled to any lien derived through or under CFD for any labor or material furnished to the Property or to CFD in carrying out the Training, and nothing in this Agreement shall be construed to constitute a consent by Insurer 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 Insurer 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 Insurer for destroying the Structures or for any portion of the Training. Insurer hereby provides permission and license to CFD to access the Property only during the time periods specified herein or as otherwise agreed to by Insurer, and only for the purposes stated herein. Insurer represents and warrants that is a duly authorized representative of the owner of same, and has the authority to provide such permission and license. 2. Supervision and Training Procedures. CFD shall provide Insurer with copies of all Training schedules and other appropriate information showing the dates and the manner in which the Training shall be carried out, shall advise Insurer of the logistics of the 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 Insurer. CFD shall be responsible to Insurer for any acts or omissions of CFD's employees, invitees and agents in performing the Training. The Training shall begin no later than P~u~' 'q ,2004, and be completed on or before 19,'", 2004. 3. Clean Up. CFD shall keep the Property reasonably free 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, but will leave the remains of the structures for removal by the Insurer. 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 Insurer 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 Insurer of any safety hazards or hazardous materials on the Property discovered or exacerbated by CPD or its employees, agents or invitees during the Training. Insurer is responsible for acquiring waivers or releases from non- public safety individuals who are participating in the training. 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 damages 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. 6. Indemnification. To the fullest extent permitted by law, CFD agrees to indemnify, save and hold harmless, and defend at its own expense, Insurer 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. "Insurer" FARM BUREAU INSURANCE COMPANY an Indiana corporation "CFD" CITY OF CARMEL FIRE DEPARTMENT BY: Signature ,. Printed Name and Title Date: ~',~-~e_ ~: g-O~ Approved and Adopted this ~ ~day of ~ ,20ff CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Lori S. ~qats~mb~.// / q Date: ~ O Mary Ar~(l}urke, Mem..ver~ t ~ .,. Date: / "~ ~ ,~/~ l~iana Cordray, qlerk-~ Date: '"/1"/-4 /C ~er, IAMC Sandra M. ~ohnSOn, Dcput~ Clcrk for p-1 IVlay 17, 2004 300 Nort~ )Vi~idian St~ot, Suite 27o0 C~ltract to Purchase ApprO:~!mate. ly 1.97 Acres, Carmel, )f~am~llton COlliery, from ~hc Phy]ll~s Pond T~ust D~r ~oh~: In rogards to yoU~ Iottor ,a~t~t May 14, 2004, ~u~ ~ ~ ~b~ons ~ ~ ~li~t ~ ~c ~e. I have ~ a~h~ a ~py of ~e t~n lett~ ~ ~ ~to~, ~g~a T~I at Icc ~I~, ~cd May 14, 2~. Should you have any qu~stio~ts regtmiing the attauhcd, please contn~t me at 281-4177, Vory truly David Compton Vic~- President of Land Acquisition EXHIBIT ~lua.~ g~= m= ~L call if 3~m have Ale/db Tim~y ~. EXHIBIT A.. #TCS P CLM 54T 5416035 POL 1413411 ACCT 0002025290 C/R 22A TP 37-M-1413411 OPN DA: 03-23-04 RPT: 03-23-04 LST: 04-16-04 ID: #1522555 C/O: 290 AGT: 29C1 CHG: 12-27-99 PD TO: 04-28-04 TP: RG REIN: OO000 ADI: 1 LIEN: DCL: 04-28-03 PREM: 0OO00.O0 DUE: 00-00-O0 NO LOC: OO1 DED: 1000/1000/ I: POND, PHYLLIS 3, LIVING TRUST A: N R: X l: X p: 260-749-1444 lIME: PO9 CAUSE: OO CLM-CD: X REI: XXX TC: 05 RSV-AMT: 00045000 SU: O0 1ST CLMT: X A: X R: X T: X P: X I: X V: X ADC: N CLMT ADD: X CITY: X ST: XX ZIP: XXXXX #CL: 02 LOC: O1 ACRE: 0002 SECTION: 33 TWNSHP: 18N RANGE: 3E VAC: NO FP: 08 TWN: 71 STATE: INDIANA COUNTY: HAMILTON TC STAT PAID ITM AMT-INS CLASS OPT DESCRIPTION 05 OPN 00000000 001 161,500 04101 DW6 77-DPB XX XXX XXXXXXXX 002 32,300 04101 LOSS OF USE XX XXX XXXXXXXX 003 16,150 04101 GAR XX XXX XXXXXXXX 004 500 04101 FIRE DEPARTMENT SERVICE 05 OPN 00000330 005 04101 EMERGENCY REMOVAL XX XXX XXXXXXXX 006 04101 DEBRIS REMOVAL XX XXX XXXXXXXX 007 500 04101 TREES, SHRUBS AND OTHER PLANTS XX XXX XXXXXXXX 008 04101 REASONABLE REPAIRS XX XXX XXXXXXXX 009 1,000 04101 OUTDOOR ANTENNA XX XXX XXXXXXXX O10 250 04101 PRIVATE POWER AND LIGHT POLES XX XXX XXXXXXXX Oll 1,OO0 04101 ARSON REWARD XX XXX XXXXXXXX 012 500 99999 FIRE DEPARTMENT SERVICE PART 3 DATE: 04/21/04 TIME: 15:42:40 *** CONTINUED EXHIBIT -.I E I I __ EXHIBIT. AUTHORIZATION OF DEMOLITION Date Location Owner June 30, 2004 12575 Towne Road Carmel, Indiana Phyllis J. Pond as Trustee of the Phyllis J. Pond Trust I the undersigned have authorized the demolition of a certain dwelling structure located at 12575 Towne Road Carmel, Indiana situated in the County of Hamilton. This demolition is to be accomplished as a training exercise by the use of fire. Any remaining part of the structure is to be further demolished by Indianapolis General Contracting under separate agreement between Phyllis J. Pond and Indianapolis General Contracting. Phyllis ~. Pondfs Trustee of Phyllis J. Pond Trust Date EXHIBIT 4