Subject: 19369/TempUsage/Airway Blvd/Detrex,Nat.Starch,Micro-Dynamics
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19369
                  
                  
                   A RESOLUTION AUTHORIZING THE TEMPORARY USE
                   OF A PORTION OF THE RIGHT-OF-WAY NORTHEAST
                   OF AIRWAY BOULEVARD FROM A POINT NEAR VANCE
                   ROAD TO A POINT APPROXIMATELY 490 FEET
                   NORTHWESTERLY, ADJACENT TO NATIONAL MICRO-
                   DYNAMICS, UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Detrex Corporation and National
       Starch and Chemical Company or National Micro-Dynamics, or
       either's remedial contractors be and are hereby authorized to use 

       temporarily a portion of the right-of-way northeast of Airway
       Boulevard from a point near Vance Road to a point approximately
       490 feet northwesterly, adjacent to National Micro-Dynamics
       property, for the purpose of superfund remedial action.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the execution by the remedial contractor hired to 
do
       the project, of a contract containing Indemnification 
requirements
       in a form substantially similar to the Indemnification Agreement
       attached hereto in favor of the City of Chattanooga.
      
       ADOPTED:  March 17, 1992
      
       MAM:cjc
0C
                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and DETREX CORPORATION and NATIONAL STARCH AND CHEMICAL
       COMPANY (hereinafter "Respondents"), this ___ day of 
____________,
       1992.
       	    	 For and in consideration of the granting of the
       non-exclusive temporary use of the portion of the right-of-way
       northeast of Airway Boulevard for the remediation of contaminated 

       soils from a point near Vance Road to a point approximately 490
       feet northwesterly, adjacent to the National Micro-Dynamics
       property, for other good and valuable consideration, the receipt
       of which is hereby acknowledged, Respondents agree as follows:
       	    	 1.   Respondents' remedial contractor will hold harmless
       and defend the City of Chattanooga, its officers and employees, 
in
       accordance with the provisions of Article 19 (Attachment 1). 
       Respondents will procure either directly or through the remedial
       contractor doing the remediation and maintain public liability 
and
       property damage insurance naming the City of Chattanooga,
       Tennessee, as an additional insured, in accordance with Special
       Conditions Sc.01 (Attachment 2).
       	    	 2.   Respondents will vacate the property and temporary
       use upon reasonable notice from the City to do so.  The parties
       agree that thirty (30) days notice shall be reasonable; providing 

       that all excavation to remove contaminated soils has been
       completed and that confirmatory sampling and analytical results 
of
       the excavation area does not indicate the need for additional
       excavation to remove contaminated soils.  If the excavation and
       confirmatory sampling is incomplete, Respondents shall complete
       said excavation and sampling and vacate the property as soon as
       practicable.
       	    	 3.   Respondents will provide adequate access for
       maintenance of any utilities within the right-of-way in 
accordance
       with Attachment 3.
       	    	 4.   Attachments 1, 2, and 3 are incorporated herein by
       reference as though fully set forth.
       	   
       	    	      	   	     DETREX CORPORATION
       	    	      	   	     	       	    	      	  
      
       _________________________     By:________________________________
       DATE
       	    	      	   	     Title:_____________________________
      
      
       	    	      	   	     NATIONAL STARCH AND CHEMICAL COMPANY
       	    	      	   	     	       	    	      	  
      
       _________________________     By:________________________________
       DATE
       	    	      	   	     Title:_____________________________
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
      
       __________________________    By:________________________________
       DATE 	      	   	     	  GENE ROBERTS, Mayor