Subject: 19032/Temp Usage/Don Walker/Unopened Mell Rose Avenue
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19032
                  
                  
                   A RESOLUTION AUTHORIZING DON WALKER TO USE
                   TEMPORARILY A PORTION OF UNOPENED MELL ROSE
                   AVENUE BETWEEN NORTH TERRACE AND MISSION
                   VIEW, MORE PARTICULARLY DESCRIBED HEREIN,
                   FOR ACCESS TO A PRIVATE DRIVEWAY TO DUPLEXES
                   UNDER CONSTRUCTION ON NORTH TERRACE ROAD,
                   UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Don Walker (hereinafter referred to
       as "Mr. Walker") be and is hereby permitted to use temporarily a
       30-foot by 50-foot portion of unopened Mell Rose Avenue between
       North Terrace and Mission View for access to a private driveway 
to
       duplexes now under construction on North Terrace Road as more
       fully shown on the attached map and subject to the conditions on
       said map.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.   No through traffic will be allowed from Mission
       View to North Terrace via Mell Rose Avenue.
       	    	 2.   Before temporary usage permit expires, Mr. Walker
       must submit an accepted design to the City for a one-way driveway 

       from North Terrace Avenue for exclusive use by vehicles and
       visitors of the duplex development.
       	    	 3.   Mr. Walker 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.
       	    	 4.   Mr. Walker agrees to vacate the property and
       temporary use within thirty (30) days of approval of permit.
       	    	 5.   Mr. Walker will provide adequate access for
       maintenance of any utilities located within the easement.
       	    	 6.   Mr. Walker shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
       	    	 7.   Mr. Walker shall restire Mell Rose from a point 50'
       worth of North Terrace to Missionview to its preconstruction
       condition as directed by the City Engineer.
      
       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 DON WALKER (hereinafter "DON WALKER"), this _____
         day of ______________, 1991.
              	   For and in consideration of the granting of the
         non-exclusive temporary use of the portion of unopened Mell 
Rose
         Avenue between North Terrace and Mission View for other good 
and
         valuable consideration, the receipt of which is hereby
         acknowledged, Don Walker agrees as follows:
              	   1.	Don Walker 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 Don Walker.
              	   2.	Don Walker 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.	Don Walker will provide adequate access for
         maintenance of any utilities within the right-of-way.
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              	   4.	Don Walker accepts all other conditions in the
         Resolution granting the temporary usage.
             
        
              	   	     	       	    	      	   	    
        
         _________________________     _______________________________
         DATE 	   	     	       	        DON WALKER
        
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR