Subject: 21094/Amend21081/6214 Hixson Pike
Date: Thu, 4 May 1989 09:49:48 -0500


                             RESOLUTION NO.   21094 
                 
                 
                  A RESOLUTION TO AMEND RESOLUTION NO. 21081,
                  ENCAPTIONED "A RESOLUTION AUTHORIZING MARION
                  ENVIRONMENTAL INCORPORATED TO USE TEMPORARILY
                  THE CITY'S RIGHT-OF-WAY AT 6214 HIXSON PIKE AT
                  ITS INTERSECTION WITH BIG RIDGE ROAD, FOR THE
                  INSTALLATION OF A GROUNDWATER MONITORING WELL,
                  SUBJECT TO CERTAIN CONDITIONS" SO AS TO DELETE
                  MARION ENVIRONMENTAL INCORPORATED AND
                  SUBSTITUTE GOLDEN GALLON, INC. IN LIEU
                  THEREOF.
                           ___________________________
                 
                 
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, That Resolution No. 21081, encaptioned
       above, be and is hereby amended by deleting Marion Environmental
       Incorporated and substituting Golden Gallon, Inc. in lieu thereof 

       as Temporary User, who shall execute the Indemnification 
Agreement
       attached hereto and incorporated herein by reference.
      
       	   
       ADOPTED:	 August 27, 1996
      
       RLN: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 GOLDEN GALLON, INC., hereinafter "Temporary User"),
       this _____ day of ______________, 1996.
       	    	 For and in consideration of the granting of the
       temporary use of the City's right-of-way at 6214 Hixson Pike at
       its intersection with Big Ridge Road, for the installation of a
       groundwater monitoring well, 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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       	    	      	   	GOLDEN GALLON, INC.
      
      
       ____________________	BY:_________________________________
       Date
      
      
      
       	    	      	   	CITY OF CHATTANOOGA, TENNESSEE
      
      
       ____________________	BY:________________________________
       Date                               GENE ROBERTS, Mayor