CFD 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
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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
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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