Subject: 19067/STEWARD/PARCELS 29&30 TEMP.USAGE
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19067
        
                  
                  
                   A RESOLUTION AUTHORIZING D. M. STEWARD
                   MANUFACTURING COMPANY TO USE TEMPORARILY A
                   PORTION OF THE RIGHT-OF-WAY BETWEEN PARCELS 29
                   AND 30 ON MAP 168-A, GROUP N, UPON CERTAIN
                   CONDITIONS.
                  
                         _______________________________
        
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that D.M. Steward Manufacturing Company
      (hereinafter referred to as the "Company") be and is hereby 
permitted
      to use temporarily a portion of the right-of-way between Parcels 
29
      and 30 on Map 168-A, Group N, as more particularly shown on the
      drawing attached hereto.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	The Company shall execute the Indemnification
      Agreement attached hereto in favor of the City of Chattanooga, its 

      officers, agents and employees for any and all claims for damages 
for
      injuries to persons or property related to or arising out of the
      temporary usage.
      	      	   2.)	The Company agrees to vacate the right-of-way upon
      thirty (30) days written notice from the City so to do.
      	      	   3.)	The Company agrees to provide adequate access for
      maintenance of any utilities located within the right-of-way.
      	      	  
     
      ADOPTED:  June 18, 1991
     
      WSPjr:jrm
     
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                            INDEMNIFICATION AGREEMENT
        
              	   This Indemnification Agreement is entered into by and
         between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
         "City"), and D.M. STEWARD MANUFACTURING COMPANY (hereinafter
         "Company"), this _____ day of ______________, 1991.
              	   For and in consideration of the granting of the
         non-exclusive temporary use of the portion of the right-of-way
         between parcels 29 and 30 on Map 168-A, Group N, for other good 

         and valuable consideration, the receipt of which is hereby
         acknowledged, the Company agrees as follows:
              	   1.	The Company will defend, indemnify, and hold
         harmless the City of Chattanooga, Tennessee, its officers,
         agents and employees from any and all claims for damages for
         injuries to persons or property related to or arising out of 
the
         aforementioned temporary use by the Company.
              	   2.	The Company will vacate the property and
         temporary use upon reasonable notice from the City to do so; 
the
         parties hereto agree that "reasonable notice" shall be deemed 
to
         be thirty (30) days.
              	   3.	The Company will provide adequate access for
         maintenance of any utilities within the right-of-way.
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              	   4.	The Company accepts all other conditions in the
         Resolution granting the temporary usage.
             
        
              	   	     	       D.M. STEWARD MANUFACTURING
              	   	     	        COMPANY
        
        
         _________________________     By:__/s/_______________________
         DATE
              	   	     	       Title:_________________________
        
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
         __________________________    By:__/s/________________________
         DATE 	   	     	          MAYOR