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4.9 SR 11-20-2023�, Elk s �- River Request for Action To Item Number Ma Tor and CinT Council 4.9 Agenda Section Meeting Date Prepared by Consent A enda November 20, 2023 Mark Dickinson, Fire Chief Item Description Reviewed by Approval to perform training in a donated house with Cal Pormer, Ci r Administrator the intent to perform live burn training in March of Reviewed by 2024. Action Requested Approve, byT motion, the fire department to conduct live training until March of 2024, at which time there will be a live buYn conducted at 19101 Jackson Avenue. Background/Discussion Anne Marie Ross Dickenson has donated the Yesidence located at 19101 Jackson Avenue, for the use of fire and police training with live burn training to be conducted in March of 2024. This generous donation of the structure will allow Elk River Fire, Elk River Police, and several law enforcement agencies to conduct training needed to enhance the skills needed to perform their duties. The homeowner has completed the required paper�vork that we have from the state, MPCA and DNR. This is a donation for us to train in and are covered byT our insurance for our training. We `vill ensure all the requirements are met before burning (utilityT shut off, abatement, etc.). All the documents required to confirm her abilityT to donate the propertyT for training purposes is on file with the Elk River Fire Department. Once the training is finished, Ms. Dickenson regains responsibilityT of the structure. Performing live fire training is essential to firefighter development and safetyT and will enhance the response capabilities of the fire department for the communinT. Financial Impact None Mission/Policy/Goal Elk River value statement Attachments ■ Burn Contract The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 Owners Release to Damage or Burn Structure Having agreed with the building officia�, ���� �� v� City or County of S4ef`urh� , that a structure owned by � ,j_� �i 1� ���(��-� [, ��� �SS and located at the following: ` Owner County. ��`P�bv,�n-p Township: � 1 k ii: Fire Number: �`��� / Nearest Cross Road: ���Cks� ��z is under condemnation or unfit for human habitation and is beyond rehabilitation. I further agree that the structure should be used by the fire service for training as they see fit. I n order that demolition may be accomplished, I give my consent to the City/Township of �l�t � �v�/ structure� by burning or other means. , •� , ,� �' � ��' f ��. j � � - F�� G f f'C I1r L� Y Owne� ,j` f i t Owner �'. AgenU�uctors Representative use or demolish the said �,��� I �� Date Date _11/��r'��a� Date 4 ACKNOWLEDGMENT OF BUILDING USE AGREEMENT & POST-BURN/USE PROPERTY CONDITION AGREEMENT: On this 15th day of November , 20 23 , an agreement is made between; Elk River Fire Department (Insert name of your Fire Department), hereinafter called "City/Township"; and (Insert the name of the entity/organization supervising the activity if other than the local fire department), hereinafter called "Entity"; + � � '`� t�l`� ������� C �� os5 (Insert the name(s) or owner(s) of the building/property to be damaged or destroyed) hereinafter called "Owner". WITNESS:�nc��'��l Z��C���FI�PI� ) � r�`JS-Z�Z3 ;�Fr� � t�11�1�►,-� ! � � �� i�� WHEREAS, the City/Township desir�s �'ef further the training of its firefighters by conducting fire training exercises involving the controlled burning ` within a structure or other fire training activities. WHEREAS, the Owner acknowledges benefits received in the possible donation of the structure and further, the enhancement of fire protection services. WHEREAS, the Owner has requested the use/destruction of the structure located at (Include street address, municipality, county and state; or legal description of the property obtained from county clerk or assessor). A visual description of the structure(s) to be use/destruction is as follows: �W G S�L/� SI'�/; +/owc,1 .��'n s/ t�'c.., l i N i-k.••• �c. � WHEREAS, the building to be used/destroyed as identified in the above paragraph will be referred to herein as "the structure"; now therefore: 5 IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS: 01/1 Gt��ci� �5 j � U �",� 1. The City/Tow ship and the Entity propose �t amage or destroy the structure during the week of to . The actual date of the training will depend upon factors such as availability of personnel, equipment and weather conditions. 2. The Owner agrees to indemnify the City/Township and the �` 11c �'��r �;,�t J�e;; �4r���� (agents/instructors), and Entiry from any liability arising out of the lack of the Owner's authority to have the structure destroyed and/or the Owner's lack of clear title to the building/property. 3. The Owner agrees to indemnify the City/Township from any liability arising out of any claim of injury from a person who is not an employee of a municipal fire department or of the City/Township in connection with the destruction of the structure. 4. The Owner agrees to indemnify the _� 1«: R�✓�% -F� ��. ��e� �,�_ r� (agents/instructors), or entity from any liability arising out of any claim of injury from any person in connection with the destruction of the structure. 5. The Owner assumes all liability for securing the structure during the term of this agreement, and further, the Owner agrees to comply with all applicable ordinances and regulations of the City/Township, county and state with respect to removal of debris and the making safe of the site at the conclusion of the City/Township's and the 1`I i'� ;h'� �,— �� Ye ��rs��-`ti (agents/instructors) destruction activities. 6. The Owner assumes all responsibiliry for the cancellation of insurance and the for the disconnection of all utility services, including but not limited to gas, electric, water, telephone, television cables and antennas, for removal of fuel oil, other hazardous substance and conditions, removal of any fixtures, items or equipment the Owner wishes to presenre prior to any destruction activities pursuant to this agreement. If the Owner has not completed these tasks at least twenry-four (24) hours befcre the first possible training date, the Owner shall immediately notify the following persons of this fact. 7. The post-training condition of the structure will be the responsibility of the Owner. The intent is to use the structure and/or demolish sections or all of the structure in training sessions. In most cases the ash, basement walls, foundation, metal debris and any other items will remain in the basement area or close proximity. These materials shall be disposed of by state and county rules at the Owners expense. All cost of permits and sampling will be at Owners expense. If at any time during the training session the Instructor-In-Charge deems it necessary to extinguish the fire, the remains will be the responsibility of the Owner. Chief: /�Gr� l�.�c.►���,5��. 1 c� ;y h� Phc�u =�k °s�✓ M�i 763- ��3s`' -/ro� Name Training Officer: _ Signed this � � _ �Y�--� � � Address e��. /� c.nv1 day of / UG✓Yn b+� ZO Z� � �.. ! Phone AgenUlnstructors Representative � , -� _�� J" Owner(s) 6