Subject: 20910/TempUsage/Fibernet/WashingtonStr/Cable
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20910
                  
                  
                   A RESOLUTION AUTHORIZING FIBERNET GROUP,
                   INC. TO USE TEMPORARILY A PORTION OF THE
                   CITY'S RIGHT-OF-WAY ON WASHINGTON STREET,
                   SOUTH OF ITS INTERSECTION WITH EAST MAIN
                   STREET FOR THE INSTALLATION OF OVERHEAD
                   CABLE, SUBJECT TO CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Fibernet Group, Inc. (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily a portion of the City's right-of-way on Washington
       Street, south of its intersection with East Main Street for the
       purpose of connecting the main office building of Office
       Coordinators with their warehouse located on the east side of
       Washington Street, with a 25 pair self-supporting overhead cable
       to provide telecommunication service between the office and
       warehouse of Office Coordinators;
       	    	 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 5, 1996
      
       :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 FIBERNET GROUP, INC. (hereinafter "Temporary User"), 

       this _____ day of ______________, 1996.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way on
       Washington Street, south of its intersection with East Main 
Street
       for the purpose of connecting the main office building of Office
       Coordinators with their warehouse located on the east side of
       Washington Street, with a 25 pair self-supporting overhead cable
       to provide telecommunication service between the office and
       warehouse of Office Coordinators, 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 Governmental Tort Liability Act, T.C.A. A7A7
       29-20-101, 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
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       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.
      
       	    	      	   	     FIBERNET GROUP, INC.
      
       	    	      	   	    
       	    	      	   	     BY:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor