Wednesday, September 11, 2013

321. Million Dollar Indianapolis Cemetery Probe

   I just had a nasty experience with our friendly city government. Background: A Westside resident recently rediscovered the Parker Cemetery in Pike Township. Photos show that there are four broken headstones on the site. It seemed to me that there were "possibly" a few more buried stones in this wooded area that "might" contain a few more names.
   Being a good citizen, I volunteered on behalf of the Genealogical Society of Marion County to contact DNR for a Probing Permit (mandated by State Law) to take care of this. It's taken me about a month to work my way through three different people and arrive at the following permit form:
                                                               ++++++++++++++++++++++++++++++++


                         AGREEMENT FOR THE GRANT OF RIGHT OF ENTRY


This indenture made this___________day of _______________ , 2013, by and between the Consolidated City of Indianapolis, Department of Parks and Recreation of Marion County, State of Indiana, hereinafter called "Grantor," and Genealogical Society of Marion County, Ronald Darrah, hereinafter called "Grantee".

                WITNESSETH:

That for and in consideration of the mutual covenants herein set forth and which is hereby acknowledged, the Grantor does hereby grant unto the Grantee a temporary grant of right of entry to enter upon the real estate and premises owned by the Grantor and situated in the County of Marion, State of Indiana, identified as Eagle’s Crest Nature Preserve at Eagle Creek Park, Indianapolis, Indiana (hereinafter "Premises" as described and shown on "Exhibit A" attached hereto).

SEC. 1. USE OF PREMISES

Subject to all the terms, covenants, and conditions of this Grant, the Grantor hereby authorizes the Grantee, or its authorized agent to probe the apparent Parker Cemetery, once approved by DNR Division of Nature Preserves and DNR Division of Historical Preservation.  Grantee must provide the Grantor with a written summary of results to go in our park’s history documents.

SEC. 2. DURATION OF GRANT

This Grant for use of the premises shall commence in (DATE) and terminate on (DATE). Grantor shall have the right to cancel and terminate this Right of Entry by giving Grantee notice in writing at least 15 days in advance of the cancellation date.

SEC. 3. HOLD HARMLESS CLAUSE

The Grantee hereby agrees to indemnify and hold harmless the Consolidated City of Indianapolis, the Department of Parks and Recreation and its officials and employees, agents or contractors from and against any claim, demand or action arising out of the Grantee's exercise of this Right of Entry.  This legal duty shall include the obligation to indemnify the Grantor for any and all costs, damages or other expenditures and shall specifically include attorney's fees and expenses.  Grantor shall have the right to select counsel to represent it in any proceeding for which it is entitled to indemnity. Also, the undersigned covenants not to sue the City, its officers, employees, agents and all other representatives and independent contractors to the City, for any claims for damages arising out of exercising this right of entry.

SEC. 4. LIABILITY INSURANCE

1. The Grantee shall carry public liability insurance for bodily injury with limits of $300,000 per occurrence / $1,000,000 aggregate to protect the Grantor against claims for injury or death of one or more during Grantee's use of the premises under this Grant.

2. The Grantee shall carry during the life of this Grant, property damage insurance in the amount not less than $300,000 per occurrence / $1,000,000 aggregate for all claims arising out of injury to or destruction of property suffered by one or more persons which occurs during the Grantees use of the premises under this Grant.

3.  The Grantee shall include the City of Indianapolis - Marion County as an additional insured on such policies and provide Grantor a copy of such insurance prior to project start.

SEC. 5. MAINTENANCE

The Grantee or their authorized agent shall to keep the premises in an "as is" condition and shall remove any materials or trash that are placed on the premises by Grantee or others as a result of these activities.  In addition, Grantee shall remove or prune only trees selected and approved by the Grantor’s Forestry section. 

SEC.6. SECURITY FOR THE PREMISES

                Grantor shall not be responsible for lost or stolen items.

SEC.7. LAWS GOVERNING

This Agreement shall be performed by the Grantee in accordance with all Municipal, State and Federal laws and regulations during the term of this grant.

IN WITNESS WHEREOF, the Agency has caused this Grant to be duly executed in its name and on its behalf by the Department of Parks and Recreation and the Grantee has caused this Grant to be duly executed in its name and behalf by its authorized representative.

Grantor:
Consolidated City of Indianapolis
Department of Parks and Recreation
Grantee:
Ronald Darrah, Geneological Society of Marion County

By:______________________________________
      Paul Smith

Date: ____________________________________

By:
signature____________________________________


By:
Printed


Title: ____________________________________


Address: __________________________________
             
              __________________________________

Approved as to Adequacy of Legal Form:
Date: ____________________________________

By: ______________________________________
      Office of Corporation Counsel
                                                              ++++++++++++++++++++++++++++++

     Now, I ask you, is it worth a million dollar insurance policy to check for a few more graves? On my part, I thought not and told them to forget it. 
     If I did not act as a good citizen and follow the law; if I just walked over there one nice day and probed the area without worrying about it, I would have the information right now posted online for everyone to use. And, if I was caught, do you think the fine would be less than the premium for the insurance policy? Interesting point, isn't it? And they wonder why government is often a joke!
     And did you notice that the City of Indianapolis can't even spell Genealogical?

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