Subject: 19841/TempUsage/BP Oil/37thStreet,St.Elmo,Broad
Date: Fri, 26 Jan 1990 10:12:00 -0500


                            RESOLUTION NO.   19841  
                  
                  
                   A RESOLUTION AUTHORIZING BP OIL COMPANY TO
                   USE TEMPORARILY THE RIGHT-OF-WAYS OF 37TH
                   STREET, ST. ELMO STREET, AND BROAD STREET IN
                   THE VICINITY OF 3626 BROAD STREET, FOR THE
                   PURPOSE OF INSTALLING TEMPORARY MONITORING
                   WELLS, UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that BP Oil Company (hereinafter referred 

       to as "BP") be and is hereby permitted to use temporarily the
       right-of-ways of 37th Street, St. Elmo Street, and Broad Street 
in
       the vicinity of 3626 Broad Street, for the purpose of installing
       temporary monitoring wells.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  BP 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.)  BP agrees to vacate the property and temporary use
       upon reasonable notice from the City to do so.
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       	    	 3.)  BP shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
       ADOPTED:	 May 18, 1993
      
       :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 BP OIL COMPANY (hereinafter "BP"), this _____ day of 

       ______________, 1993.
       	    	 For and in consideration of the granting of the
       temporary use of the right-of-ways of 37th Street, St. Elmo
       Street, and Broad Street in the vicinity of 3626 Broad Street, 
for
       the purpose of installing temporary monitoring wells, and for
       other good and valuable consideration, the receipt of which is
       hereby acknowledged, BP agrees as follows:
       	    	 1.  BP 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.  BP 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.  

       BP will restore the property to its original condition when it is 

       returned to the City.
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       	    	 3.  BP will provide adequate access for maintenance of
       any utilities located within the easement.
      
       	    	      	   	     BP OIL COMPANY
       	   
      
       	    	      	   	     By:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR