Subject: 19926/TempUsage/ExxonCo/E.23rd-S.4thAvenue
Date: Fri, 26 Jan 1990 10:12:00 -0500


                  
                             RESOLUTION NO.   19926 
                  
                  
                   A RESOLUTION AUTHORIZING EXXON COMPANY TO
                   USE TEMPORARILY A PORTION OF THE
                   RIGHT-OF-WAY OF EAST 23RD STREET AT SOUTH
                   4TH AVENUE TO INSTALL TWO TEMPORARY
                   MONITORING WELLS AND TWO SOIL BORINGS, UPON
                   CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Exxon Company (hereinafter referred
       to as "Temporary User") be and is hereby permitted to use
       temporarily a portion of the right-of-way of East 23rd Street at
       South 4th Avenue to install two temporary monitoring wells and 
two
       soil borings.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Temporary User 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.)  Temporary User agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
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       	    	 3.)  Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 August 3, 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 EXXON COMPANY (hereinafter "Temporary User"), this
       _____ day of ______________, 1993.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the right-of-way of East 23rd 
Street
       at South 4th Avenue, for the purpose of installing two temporary
       monitoring wells and two soil borings and for other good and
       valuable consideration, the receipt of which is hereby
       acknowledged, Temporary User agrees as follows:
       	    	 1.  Temporary User 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 afore-
       mentioned temporary use, subject to the terms and limitations of
       the Tennessee Claims Commission Act, T.C.A. A79-8-301, et seq.
       	    	 2.  Temporary User 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.  Temporary User will restore the property to 

       its original condition when it is returned to the City.
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       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     EXXON COMPANY
       	   
      
       	    	      	   	     By:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR