Subject: 20312/TempUsage/Pettway Oil Co., Inc.
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20312
                  
                  
                   A RESOLUTION AUTHORIZING PETTWAY OIL
                   COMPANY, INC. TO USE TEMPORARILY A PORTION
                   OF THE PUBLIC RIGHT-OF-WAY AT 3324 ALTON
                   PARK BOULEVARD FOR THE INSTALLATION OF TWO
                   TEMPORARY WATER QUALITY MONITORING WELLS,
                   UPON CERTAIN CONDITIONS.
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Pettway Oil Company, Inc.
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a portion of the public right-of-way 

       at 3324 Alton Park Boulevard for the installation of two 
temporary
       water quality monitoring wells.
       	    	 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.
       	    	 3.)  Temporary User shall provide adequate access for
       maintenance of any utilities located within the easement.
      
      
       ADOPTED:	 August 9, 1994
      
       :meb
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                           INDEMNIFICATION AGREEMENT
      
      
            This Indemnification Agreement is entered into by and 
between
        THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and 

        PETTWAY OIL COMPANY, INC. (hereinafter "Temporary User"), this
        _____ day of ______________, 1994.
            For and in consideration of the granting of the temporary 
use
        of a portion of the public right-of-way at 3324 Alton Park
        Boulevard for the installation of two temporary water quality
        monitoring wells 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.
       
            	      	   	     PETTWAY OIL COMPANY, INC.
       
        ______________________	     BY:________________________________
        Date
            	      	   	     	 
       
       
            	      	   	     CITY OF CHATTANOOGA, TENNESSEE
       
        _________________________    BY:_______________________________
        Date	                          GENE ROBERTS, Mayor