Subject: 21762/TmpUsg/LawEngin&Env/GroundwatrWells/S.Broad
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21762
                
                
                 A RESOLUTION AUTHORIZING LAW ENGINEERING AND
                 ENVIRONMENTAL SERVICES, INC. TO USE TEMPORARILY
                 THE BROAD STREET RIGHT-OF-WAY BETWEEN WEST
                 THIRTY-FIRST (31ST) STREET AND WEST THIRTY-
                 SECOND (32ND) STREET, MORE PARTICULARLY
                 DESCRIBED HEREIN, FOR THE PURPOSE OF DRILLING
                 TWO (2) GROUNDWATER MONITORING WELLS, SUBJECT
                 TO CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 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 the Broad Street
       right-of-way in front of Favorite Market Store 334 located 
between
       West 31st Street and West 32nd Street for drilling two (2)
       groundwater monitoring wells;
       	    	 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:	 April 21, 1998
      
       :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 21st day of April, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the Broad Street right-of-way in front of
       Favorite Market Store 334 located between West 31st Street and
       West 32nd Street for drilling two (2) groundwater monitoring
       wells, 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/_______________________________
       	    	      	   	     	 
       5/1/98____________________    	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       4/22/98___________________    
BY:s/_______________________________
       Date                               JON KINSEY, Mayor