Subject: 19407/Amend 19405/TempUsage/Siskin Foundation/Riverside Dr. Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 19407 A RESOLUTION AMENDING RESOLUTION NO. 19405, ENCAPTIONED "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." SO AS TO DELETE ANY AND ALL REFERENCE THROUGHOUT TO SISKIN HOSPITAL AND SUBSTITUTE IN LIEU THEREOF SISKIN MEMORIAL FOUNDATION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Resolution No. 19405, encaptioned hereinabove, be and is hereby amended so as to delete any and all references to Siskin Hospital and substitute in lieu thereof Siskin Memorial Foundation, Inc. BE IT FURTHER RESOLVED, that Siskin Memorial Foundation, Inc. shall execute the Indemnification Agreement attached hereto and incorporated herein by reference. ADOPTED: April 14, 1992 RLN:cjc 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and SISKIN MEMORIAL FOUNDATION, INC. (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. 0C SISKIN MEMORIAL FOUNDATION, INC. By:________________________________ ___________________________ Title:_____________________________ Date CITY OF CHATTANOOGA, TENNESSEE ___________________________ BY:________________________________ Date MAYOR