Subject: 19546/TempUsage/Blue Cross/Island @ MLK & Pine Street
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 19547
                  
                  
                   A RESOLUTION AUTHORIZING BLUE CROSS BLUE
                   SHIELD OF TENNESSEE TO USE TEMPORARILY THE
                   TRAFFIC ISLAND AT THE INTERSECTION OF MARTIN
                   LUTHER KING BOULEVARD AND PINE STREET FOR
                   THE PURPOSE OF LANDSCAPING, UPON CERTAIN
                   CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Blue Cross Blue Shield of Tennessee
       (hereinafter referred to as "Blue Cross") be and is hereby
       permitted to use temporarily the traffic island at the
       intersection of Martin Luther King Boulevard and Pine Street for
       the purpose of landscaping said traffic island.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Blue Cross 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.)  Blue Cross agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
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       	    	 3.)  Blue Cross shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
      
       ADOPTED:	 July 28, 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 Blue Cross Blue Shield of Tennessee (hereinafter
       "Blue Cross"), this _____ day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of the traffic island at the intersection of Martin 

       Luther King Boulevard and Pine Street for the purpose of
       landscaping said traffic island, and for other good and valuable
       consideration, the receipt of which is hereby acknowledged, Blue
       Cross agrees as follows:
       	    	 1.  Blue Cross 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.  Blue Cross 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.  Blue Cross will restore the property to its original
       condition when it is returned to the City.
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       	    	 3.  Blue Cross will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     BLUE CROSS BLUE SHIELD OF TENNESSEE
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
      
       ___________________________   Title:_____________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR