4.8 SR 04-05-2021Request for Action
To
Item Number
Mayor and Council
4.8
Agenda Section
TMeeting Date
Prepared by
Consent
Aril 5, 2021
Mark W. Wandersee, Assistant Fire Chief
Item Description
Reviewed by
Agreement with Elk River Municipal Utilities for
Mark Dickinson, Fire Chief
Reviewed by
Live Burn Training at 1627 and 1639 Main Street
Action Requested
Approve, by motion, an agreement with Elk River Municipal Utilities (ERMU) to do live burn training at
homes located at 1627 and 1639 Main Street.
Background/Discussion
ERMU has requested the house structures at 1627 and 1639 Main Street be demoed in order to build
their new complex. The generous donation of the structures has allowed Elk River Fire, Elk River Police,
and several law enforcement agencies to conduct training needed to enhance skills to perform their
duties. Performing live fire training is essential to firefighter development and safety and will enhance the
response capabilities of the fire department for the community.
The current plat is to burn 1627 Main Street on April 17 and 1639 Main Street on April 24 depending on
weather/wind conditions. We hope to have the burns completed by May 1.
Financial Impact
None. All costs associated with the live burns are provided for within the current training and operations
budgets within the fire department. The Minnesota Board of Fire and Training and Education will
reimburse a portion of the training budget based on availability of funds at the time of submittal. ERMU
is responsible for the cost of abatement and clean up.
Attachments
■ Agreement
R'01WIHE8 6T
Template Updated 4/14 INAMIRE1
AGREEMENT
THIS AGREEMENT, entered into this day of , by and
betweentX, the CITY OF . , a Municipal Corporation (the City), and the
FIRE DEPARTMENT (the Fire Department).
WHEREAS, is the building owner of certain real property the Property
legally described as County of p e ,mState of Minnesota; and,
WHEREAS, there are/is 2 . buildings(s) {the Building(s)) located on the
Property; and
WHEREAS, C%P-m.k desires to have the Building(s) destroyed; and
WHEREAS, the Fire Department is willing to destroy the building(s) by fire if the
building(s) can be used for smoke drilling and other training exercises before and during
their destruction by fire.
NOW, THEREFORE, the parties hereto in consideration of the mutual covenants
and considerations hereinafter set forth do agree as follows:
1. Entry ,onto the Pro er!y Authorized. Eg. .ik hereby expressly authorized the Fire
Department and the City to enter onto the Property one or more times for the
purpose or conducting smoke drilling and other training exercises (the Training
Exercises and related activities in the Building(s) and on the Property.) The City
and Fire Department shall enter the Property solely for the purpose of conducting
training exercises and for related activities such as preliminary and follow-up
inspections.
2. Waiver of Tres pass. fs.tiL4 expressly waives any claim of trespass against the
Fire Department or the City for entry onto the Property for the purposes of
conducting training exercises and related activity on the Property.
3. Waiver of Damages. "- ,m, , expressly waives any claim against the Fire
Department or the City for any damages to the Property or the Building(s) caused
or allegedly caused by the Fire Department or the City in the course of performing
the Training exercises and activities related thereto.
4. Liability and Indemnification. The City and the Fire Department shall be solely
liable for any injury to the Fire Department personnel or other persons caused by
or as a direct result of the Training Exercises. The City and the Fire Department
shall indemnify and save harmless against any and all claims by or on
behalf of any person or persons arising from the conduct of the Training
Exercises. The City and the Fire Department shall not, however, be liable for any
injuries caused by or resulting from f' &, failure to clean up the Property and
remove the debris of the Building(s) within the time period allowed by Section 5
of this Agreement.
5. Clean ULi, E, „�tshall be solely responsible for removing all debris from the
Property following completion of the Training Exercises, regardless of the
condition of the Property and/or the Building(s) following completion of the
Training exercises. The City shall notify E4,',- in writing when the Training
Exercises are completed and 04 . shall have thirty (30) days from the date of
that notice to complete the removal of all debris and remnants of the Building(s)
so that the condition of the Property is in full compliance with the City
Ordinances. The City reserves the right to inspect the Property from time to time
as necessary to insure m ,wcompliance with this obligation to clean up the
Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the above date.
BUILDING OWNER
Bye' : ," )" "
m��°� �c
CITY OF
By:
Mayor
FIRE DEPARTMENT
By:
, Fire Chief