Subject: 20762/TempUse/Velsicol Chem.
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO.  20762
                  
                  
                   A RESOLUTION AUTHORIZING VELSICOL CHEMICAL
                   CORPORATION TO USE TEMPORARILY THE
                   RIGHT-OF-WAY OF CENTRAL AVENUE FOR THE
                   INSTALLATION OF ONE (1) OVERHEAD FIBER-OPTIC
                   CABLE, MORE PARTICULARLY DESCRIBED HEREIN,
                   UPON CERTAIN CONDITIONS.
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Velsicol Chemical Corporation
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily the right-of-way of Central Avenue
       for the installation of one (1) overhead fiber-optic cable
       connecting Pole Number P5-050X7 with the Semi-Work facility on 
the
       north side of the street, more particularly described herein on
       the map attached hereto and made a part hereof by reference.
       	    	 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.
      
      
       ADOPTED:	 October 17, 1995
      
       :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 

        VELSICOL CHEMICAL CORPORATION, 4902 Central Avenue, Chattanooga, 

        Tennessee  37409   (hereinafter "Temporary User"), this  17th 
        day of  October , 1995.
            For and in consideration of the granting of the temporary 
use
        of  the right-of-way of Central Avenue for the installation of
        one (1) overhead fiber-optic cable connecting Pole Number
        P5-050X7 with the Semi-Work facility on the north side of the
        street, more particularly described on the map attached hereto
        and made a part hereof by reference 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.
            3.  Temporary User will provide adequate access for
        maintenance of any utilities located within the easement.
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            	      	   	     VELSICOL CHEMICAL CORPORATION
       
       
       
        ______________________	     BY:________________________________
        Date
       
       
            	      	   	     CITY OF CHATTANOOGA, TENNESSEE
       
       
       
        _________________________    BY:_______________________________
        Date	                          GENE ROBERTS, Mayor