Subject: 21481/TmpUsg/LawEngin/109KingStr/GrndWtrMonWell
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21481
                
                
                 A RESOLUTION AUTHORIZING LAW ENGINEERING AND
                 ENVIRONMENTAL SERVICES, INC. TO USE TEMPORARILY
                 A PORTION OF THE CITY'S RIGHT-OF-WAY AT 3127
                 BROAD STREET, MORE PARTICULARLY DESCRIBED
                 HEREIN, SUBJECT TO CERTAIN CONDITIONS, FOR THE
                 PURPOSE OF INSTALLING A GROUNDWATER MONITORING
                 WELL.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Law Engineering and Environmental
       Services, Inc. (hereinafter referred to as "Temporary User") be
       and is hereby permitted to use temporarily a portion of the 
City's
       right-of-way at 3127 Broad Street near the Favorite Market for 
the
       installation of a groundwater monitoring well;
       	    	 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:	 August 5, 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 LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.
       (hereinafter "Temporary User"), this 5th day of August, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way at 3127
       Broad Street near the Favorite Market 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.
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       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     LAW ENGINEERING AND ENVIRONMENTAL
       	    	      	   	       SERVICES, INC.
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:  Staff Geologist
       August 8, 1997
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       August 6, 1997 	   	     BY:s/_______________________________
       Date                               JON KINSEY, Mayor