Subject: 19405/TempUsage/Siskin Hospital/Old Riverside Drive
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19405
                  
                  
                   A RESOLUTION AUTHORIZING SISKIN HOSPITAL TO
                   USE TEMPORARILY OLD RIVERSIDE DRIVE FROM THE
                   ENTRANCE TO SISKIN HOSPITAL TO THE DEAD END
                   OF THE STREET, UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Siskin Hospital (hereinafter 
referred
       to as "Siskin") be and is hereby permitted to use temporarily Old 

       Riverside Drive from the entrance to Siskin Hospital to the dead
       end of the street.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Siskin 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.)  Siskin agrees to vacate the right-of-way and remove
       the aforesaid telecommunication conduit upon thirty (30) days
       written notice from the City so to do, unless Siskin has been
       otherwise authorized to use said right-of-way.
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       	    	 3.)  Siskin shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
      
       ADOPTED:	 April 7, 1992
      
       :cjc
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and SISKIN HOSPITAL (hereinafter "Siskin"), this _____
       day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of Old Riverside Drive from the entrance to Siskin
       Hospital to the dead end of the street, and for other good and
       valuable consideration, the receipt of which is hereby
       acknowledged, Siskin agrees as follows:
       	    	 1.  Siskin 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, subject to the terms and limitations of the Tennessee Claims 

       Commission Act, T.C.A. A79-8-301, et seq.
       	    	 2.  Siskin 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 three (3)
       days.  Siskin will restore the property to its original condition 

       when it is returned to the City.
       	    	 3.  Siskin will provide adequate access for maintenance
       of any utilities located within the easement.
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       	    	      	   	     SISKIN HOSPITAL
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
      
       ___________________________   Title:_____________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR