Subject: 21322/TmpUsg/ChattFreePress/EastSideofBldg
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21322
                
                
                 A RESOLUTION AUTHORIZING CHATTANOOGA FREE PRESS
                 TO USE TEMPORARILY A SECTION OF SEWER EASEMENT
                 ON THE EAST SIDE OF THE EXISTING CHATTANOOGA
                 FREE PRESS BUILDING IN ORDER TO BUILD A
                 CORRIDOR LINKING THE CHATTANOOGA FREE PRESS
                 BUILDING WITH A PLANNED STORAGE STRUCTURE, MORE
                 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
                 CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Chattanooga Free Press (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily a section of sewer easement on the east side of the
       existing Chattanooga Free Press Building in order to build a
       corridor linking the Chattanooga Free Press building with a
       planned storage structure;
       	    	 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:	 March 25, 1997
      
       :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 CHATTANOOGA FREE PRESS (hereinafter "Temporary
       User"), this  25th  day of   March  , 1997.
       	    	 For and in consideration of the granting of the
       temporary use of a section of sewer easement on the east side of
       the existing Chattanooga Free Press Building in order to build a
       corridor linking the Chattanooga Free Press building with a
       planned storage structure, 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.
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       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     CHATTANOOGA FREE PRESS
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
             3/27/97          
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
               3/26/97               
BY:s/_______________________________
       Date                               GENE ROBERTS, Mayor