Subject: 21019/TmpUsg/CONOCO/Dumpster pad
Date: Fri, 26 Jan 1990 10:12:00 -0500


                             RESOLUTION NO.   21019 
                 
                 
                  A RESOLUTION AUTHORIZING CONOCO, INC., TO USE
                  TEMPORARILY A PORTION OF CITY'S RIGHT-OF-WAY
                  FOR THE CONSTRUCTION OF A CONCRETE DUMPSTER
                  PAD WITH FENCE ENCLOSURE, SUBJECT TO CERTAIN
                  CONDITIONS.
                 
                 
                                                    
                 
                 
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that CONOCO, INC., (hereinafter referred
       to as "Temporary User") be and is hereby permitted to use
       temporarily an area just outside the 80' right-of-way of the City 

       for the construction of a concrete dumpster pad with fence
       enclosure.
      
       	    	 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.
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       	    	 4.   Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	
      
       :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 CONOCO, INC., hereinafter "Temporary User"), this
       _____ day of ______________, 1996.
       	    	 For and in consideration of the granting of the
       temporary use of an area outside the 80-foot right-of-way on the
       north side of Brainerd Road at 3410 for the construction of a
       concrete dumpster pad with fence enclosure, 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.
       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
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       	    	      	   	     CONOCO, INC.
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	 
         June 25, 1996               	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
         June 25, 1996                
BY:________________________________
       Date                               GENE ROBERTS, Mayor