Subject: 19535/Temporary Usage/Golden Gallon
Date: Fri, 26 Jan 1990 10:12:00 -0500


        
                               RESOLUTION NO. 19535
        
                  
                   A RESOLUTION AUTHORIZING GOLDEN GALLON TO USE
                   TEMPORARILY A PORTION OF THE RIGHT-OF-WAY
                   LOCATED ALONG ORCHARD KNOB AVENUE BETWEEN THE
                   1900 BLOCK OF EAST 14TH STREET AND THE 1900
                   BLOCK OF EAST 16TH STREET, MORE PARTICULARLY
                   DESCRIBED HEREIN, FOR THE INSTALLATION OF
                   TEMPORARY MONITORING WELLS, UPON CERTAIN
                   CONDITIONS.
                  
                         _______________________________
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Golden Gallon be and is hereby 
permitted
      to use temporarily a portion of the right-of-way located along 
Orchard
      Knob Avenue between the 1900 block of East 14th Street and the 
1900
      Block of East 16th Street for the purpose of locating one well
      approximately 22 feet west of the centerline of Orchard Knob 
Avenue
      and 107 feet north of the centerline of Main Street and another 
well
      approximately 20 feet east of the centerline of Orchard Knob 
Avenue
      and 111 feet south of Main Street, more particularly shown on the
      drawing attached hereto.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Golden Gallon 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.)	Golden Gallon agrees to vacate the right-of-way and 

      temporary use upon reasonable notice from the City to do so; 
Golden
      Gallon agrees that "reasonable notice" as used herein shall be 
thirty
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      (30) days.
      	      	   3.)	Golden Gallon agrees to provide adequate access for 

      maintenance of any utilities located within the right-of-way.
      	      	   4.)	Golden Gallon agrees that upon completion of the 
use
      of the wells, the wells will be abandoned using standard and
      acceptable practices which shall include grouting from the bottom 
to
      the top with a mixture of Portland cement and powdered bentonite 
and
      restoring the surface to its original condition as reasonably
      possible.
      ADOPTED:  July 21, 1992
     
      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 GOLDEN GALLON (hereinafter "Golden Gallon"), this
         _____ day of ______________, 1992.
              	   For and in consideration of the granting of the
         temporary use of the portion of the right-of-way located along
         Orchard Knob Avenue between the 1900 block of East 14th Street
         and the 1900 block of East 16th Street, and for other good and
         valuable consideration, the receipt of which is hereby
         acknowledged, Golden Gallon agrees as follows:
              	   1.	Golden Gallon 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 Golden Gallon.
              	   2.	Golden Gallon 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.	Golden Gallon will provide adequate access for
         maintenance of any utilities within the right-of-way.
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              	   	     	       GOLDEN GALLON
        
        
         ____________________	       By:______________________________
         DATE
              	   	     	       Title:___________________________
        
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR