Subject: 19025/Temporary Usage/Gaston C. Raoul
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19025
        
                   A RESOLUTION AUTHORIZING GASTON C. RAOUL TO USE
                   TEMPORARILY A PORTION OF THE RIGHT-OF-WAY AT
                   4400 HIGHWAY 58, MORE PARTICULARLY DESCRIBED
                   HEREIN, FOR ERECTION OF A SIGN ON THE PUBLIC
                   RIGHT-OF-WAY, UPON CERTAIN CONDITIONS.
                  
                         _______________________________
        
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Gaston C. Raoul be and is hereby
      permitted to use temporarily a portion of the right-of-way at 4400 

      Highway 58, for the erection of an on-premise sign on said
      right-of-way.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Gaston C. Raoul 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.)	Gaston C. Raoul agrees to vacate the right-of-way
      and remove the aforesaid on-premise sign upon thirty (30) days 
written
      notice from the City so to do.
      	      	   3.)	Gaston C. Raoul agrees to provide adequate access
      for maintenance of any utilities located within the right-of-way.
      	      	   4.)	No sign permit shall be issued for said sign until
      all other signs on the adjacent premises of Gaston C. Raoul have 
been
      brought into compliance with the provisions of the City Code
      regulating signs.
     
      ADOPTED:  May 21, 1991
     
      WSPjr:jrm
     
     
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                            INDEMNIFICATION AGREEMENT
        
              	   This Indemnification Agreement is entered into by and
         between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
         "City"), and GASTON C. RAOUL (hereinafter "RAOUL"), this _____
         day of ______________, 1991.
              	   For and in consideration of the granting of the
         non-exclusive temporary use of the portion of the right-of-way
         located at 6574 East Brainerd Road for the purpose of erecting
         an on-premise Sign on said right-of-way and for other good and
         valuable consideration, the receipt of which is hereby
         acknowledged, Raoul agrees as follows:
              	   1.	Raoul 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
         aforementioned temporary use by Gaston C. Raoul.
              	   2.	Raoul 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.
              	   3.	Raoul will provide adequate access for
         maintenance of any utilities within the right-of-way.
              	   4.09
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              	   	     	       GASTON C. RAOUL
              	   	     	      
        
              	   	     	       By:_____________________________
        
         __________________________    Title:__________________________
         DATE
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR