Subject: 20525/TempUsage/SouthernCellulose/43rdStr
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20525
                  
                  
                   A RESOLUTION AUTHORIZING SOUTHERN CELLULOSE
                   PRODUCTS, INC. TO USE TEMPORARILY A CLOSED
                   SECTION OF 43RD STREET, MORE PARTICULARLY
                   DESCRIBED HEREIN, SUBJECT TO CERTAIN
                   CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Southern Cellulose Products, Inc.
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a closed section of 43rd Street
       beginning at 100 feet east of Kirkland Avenue, fronting Temporary 

       User's property and a 100 feet section of an alley located 
between
       Kirkland and Slayton Avenues adjoining the property on the east
       side for the purpose of employee parking;
       	    	 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 provide adequate access for
       maintenance of any utilities located within the easement.
       	    	 4.   Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 March 21, 1995
      
       :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 SOUTHERN CELLULOSE PRODUCTS, INC. (hereinafter
       "Temporary User"), this _____ day of ______________, 1995.
       	    	 For and in consideration of the granting of the
       temporary use of a closed section of 43rd Street beginning at 100 

       feet east of Kirkland Avenue, fronting Temporary User's property
       and a 100 feet section of an alley located between Kirkland and
       Slayton Avenues adjoining the property on the east side for the
       purpose of employee parking, 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. A7A7 9-8-301, 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.
      
       	    	      	   	     SOUTHERN CELLULOSE PRODUCTS, INC.
      
      
       	    	      	   	     BY:________________________________
      
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor