Subject: 19307/Tenn. Temple Univ./Temporary Usage
Date: Fri, 26 Jan 1990 10:12:00 -0500


        
                               RESOLUTION NO. 19307
        
        
                   A RESOLUTION AUTHORIZING TENNESSEE TEMPLE
                   UNIVERSITY TO USE TEMPORARILY A PORTION OF
                   UNION AVENUE FROM HAWTHORNE STREET EAST TO
                   ORCHARD KNOB AVENUE AND A PORTION OF KIRBY
                   AVENUE FROM HAWTHORNE STREET EAST TO ORCHARD
                   KNOB AVENUE AND FROM ORCHARD KNOB AVENUE EAST
                   TO THE ALLEY AT APPROXIMATELY THE MIDDLE OF THE
                   BLOCK, MORE PARTICULARLY DESCRIBED HEREIN, UPON
                   CERTAIN CONDITIONS.
                  
                         _______________________________
        
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Tennessee Temple University be and is 

      hereby permitted to use temporarily a portion of Union Avenue from 

      Hawthorne Street East to Orchard Knob Avenue and a portion of 
Kirby
      Avenue from Hawthorne Street east to Orchard Knob Avenue and from
      Orchard Knob Avenue East to the alley at approximately the middle 
of
      the block.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Tennessee Temple University 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.)	Tennessee Temple University agrees to vacate the
      right-of-way and temporary use thirty (30) days written notice 
from
      the City so to do.
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      	      	   3.)	Tennessee Temple University agrees to provide
      adequate access for maintenance of any utilities located within 
the
      right-of-way.
     
     
      ADOPTED:  January 28, 1992
     
      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 TENNESSEE TEMPLE UNIVERSITY (hereinafter
         "UNIVERSITY"), this _____ day of ______________, 1992.
              	   For and in consideration of the granting of the
         non-exclusive temporary use of the portion of Union Avenue from 

         Hawthorne Street East to Orchard Knob Avenue and a portion of
         Kirby Avenue from Hawthorne Street east to Orchard Knob Avenue
         and from Orchard Knob Avenue East to the alley at approximately 

         the middle of the block and for other good and valuable
         consideration, the receipt of which is hereby acknowledged,
         University agrees as follows:
              	   1.	University 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 Tennessee Temple University.
              	   2.	University 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.	University will provide adequate access for
         maintenance of any utilities within the right-of-way.
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              	   	     	       TENNESSEE TEMPLE UNIVERSITY
              	   	     	      
        
              	   	     	       By:_____________________________
        
         __________________________    Title:__________________________
         DATE
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR