Subject: 21038/TmpUsg/Yessick/DentonLane/SewerLine
Date: Fri, 26 Jan 1990 10:12:00 -0500


                             RESOLUTION NO.   21038 
                 
                 
                  A RESOLUTION AUTHORIZING STEVEN G. YESSICK TO
                  USE TEMPORARILY A PORTION OF THE CITY'S
                  RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED
                  HEREIN, FOR THE PURPOSE OF LAYING A SEWER
                  LINE, SUBJECT TO CERTAIN CONDITIONS.
                 
                 
                                                    
                 
                 
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that STEVEN G. YESSICK, (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily a 350-feet+ length of the unopened Denton Lane
       starting from its intersection with Goodwin Road and proceeding
       south nearly 350 feet for the purpose of laying a sewer line and
       developing a 14-feet wide concrete service road along this
       section.
      
       	    	 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:  July 9, 199609
      
       :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 STEVEN G. YESSICK, hereinafter "Temporary User"),
       this _____ day of ______________, 1996.
       	    	 For and in consideration of the granting of the
       temporary use of a 350-feet+ length of the unopened Denton Lane
       starting from its intersection with Goodwin Road and proceeding
       south nearly 350 feet for the purpose of laying a sewer line and
       developing a 14-feet wide concrete service road along this
       section, 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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       	    	      	   	STEVEN G. YESSICK
      
      
       ____________________	BY:_________________________________
       Date
      
      
      
       	    	      	   	CITY OF CHATTANOOGA, TENNESSEE
      
      
       ____________________	BY:________________________________
       Date                               GENE ROBERTS, Mayor