Subject: 19593/TempUsage/Motorent,Inc./1900 Blck Polymer Dr
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19593
                  
                  
                   A RESOLUTION AUTHORIZING MOTORENT, INC. TO
                   USE TEMPORARILY THE RIGHT-OF-WAY OF THE 1900
                   BLOCK OF POLYMER DRIVE NEAR WARLICK STREET
                   TO INSTALL TEMPORARY MONITORING WELLS, UPON
                   CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Motorent, Inc. (hereinafter referred 

       to as "Motorent") be and is hereby permitted to use temporarily
       the right-of-way of the 1900 block of Polymer Drive near Warlick
       Street to install temporary monitoring wells.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Motorent 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.)  Motorent agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
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       	    	 3.)  Motorent shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
      
       ADOPTED:	 September 15, 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 MOTORENT, INC. (hereinafter "Motorent"), this _____
       day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of the right-of-way of the 1900 block of Polymer
       Drive near Warlick Street to install temporary monitoring wells 
in
       said right-of-way, and for other good and valuable consideration, 

       the receipt of which is hereby acknowledged, Motorent agrees as
       follows:
       	    	 1.  Motorent 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.  Motorent 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.  Motorent will restore the property to its original
       condition when it is returned to the City.
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       	    	 3.  Motorent will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     MOTORENT, INC.
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
       	    	      	   	     	  LEE BRADFORD
       ___________________________   	  City Manager
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR