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APPROVED, AS TO
FORM IY: ~
PROPERTY TRANSFER AND INDEMNIFICATION AGREEMENT
BETWEEN THE CITY OF CARMEL FIRE DEPARTMENT AND
THE ARCADIA VOLUNTEER FIRE DEPARTMENT
WHEREAS, it is the desire of the Carn1el Fire Department to dispose of a certain used EMS
vehicle that has been replaced by newer equipment; and
WHEREAS, it is the desire of the Cannel Fire Department to dispose of such EMS vehicle,
described in attached Exhibit A, incorporated herein by this reference (the "EMS Vehicle"), in a
manner that may benefit the Arcadia Volunteer Fire Department ("Arcadia VFD") in providing
emergency services; and
WHEREAS, the Arcadia VFD is a "volunteer fire department" as that term is set forth in IC
36-8-12-2, is located in Hamilton County, ]ndiana, and h,\s requested and agrees to the transfer of the
EMS Vehicle to assist it in providing emergency services pursuant to the terms and conditions of this
agreement (the "Agreement"); and
WHEREAS, the IC 5-22-22-]2 permits the property transfer by gift contemplated herein.
IT IS THEREFORE AGREED THAT:
I. The above recitals are fully incorporated herein by this reference.
\
,
2. The Carmel Fire Department will donate and transfer title to the EMS Vehicle to
the Arcadia VFD in the state ahd condition that it presently exists ("AS IS"), without any express or
implied warranty as to such equipment's condition or fitness for any intended use or purpose
whatsoever.
3. The Arcadia VFD shall accept said EMS Vehicle in the state and condition that it
presently exists ("AS IS"), without any express or implied warranty as to such equipment's condition
or fitness for any intended use whatsoever.
4. The Arcadia VFD agrees to hold the City of Carmel, the Fire Department, Clay
Township, and their respective officers, officials, employees, attorneys, agents and other persons,
successors and assigns harmless and shall indemnify same for any and all liability that may arise from
the use of the EMS Vehicle.
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5. The Arcadia VFD agrees to be fully responsible for insurance, maintenance, taxes,
fees, claims and all other responsibilities and duties of ownership pertaining to the EMS Vehicle that
arise or are incurred on and after the effective date of this Agreement, and to indemni fy and hold
harmless the City of Carmel, the Carmel Fire Department, Clay Township, and their respective
officers, officials, employees, attorneys, agents and other persons, successors and assigns that may
arise regarding the EMS Vehicle on or after the Agreement's effective date.
6. The undersigned are the right and proper parties to enter into this Agreement and
have the authority to bind the parties to this Agreement.
7. This Agreement shall become effective and binding on the parties as of the last date
on which a party hereto executes same.
SO AGREED.
CITY OF CARMEL
FIRE DEPARTMENT
By and through its Board of
Public Wo ks and Safety
ARCADIA VOLUNTEER FIRE
DEPARTMENT, by and through
I
fJ}6L-
(Authorized S~ature)
{huld c- us/;,ro.-J
(Printed Name and Title)
Date: 69-;).8-00
('t,t'ef-
alker, Member
N - /1/1'- /?a:o
ATTEST:
. ~Diana L. Cordray, IAMC,
~rf Date: /0 -t.j-trO
This instrument prepared by Douglas C. Haney, Carmel City Attorney. One Civic Square. Carmel. IN 46032. .
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EXHIBIT A
Equipment Description
One (1)1993 Chevrolet Astra Van (VIN #lGNDM19Z2PB1479080), for use as an EMS vehicle.
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