Subject: 19316/Temporary Usage/Moses
Date: Fri, 26 Jan 1990 10:12:00 -0500


        
                               RESOLUTION NO. 19316
        
                  
                   A RESOLUTION AUTHORIZING MRS. MARGEURITE MOSES
                   TO USE TEMPORARILY A PORTION OF THE
                   RIGHT-OF-WAY LOCATED AT 212 MARKET STREET
                   BETWEEN SECOND STREET AND THIRD STREET, MORE
                   PARTICULARLY DESCRIBED HEREIN, FOR ERECTION OF
                   A CANVAS SIGN, UPON CERTAIN CONDITIONS.
                  
                         _______________________________
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Mrs. Margeurite Moses be and is 
hereby
      permitted to use temporarily a portion of the right-of-way at 212
      Market Street between Second Street and Third Street for the 
erection
      of an on-premise canvas sign to the restaurant located at 212 
Market
      Street which will project over the sidewalk a maximum of 48 
inches,
      more particularly shown on the drawing attached hereto.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Mrs. Margeurite Moses 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.)	Mrs. Margeurite Moses agrees to vacate the
      right-of-way and remove the aforesaid on-premise canvas sign upon
      thirty (30) days written notice from the City so to do.
      	      	   3.)	Mrs. Margeurite Moses agrees to provide adequate
      access for maintenance of any utilities located within the
      right-of-way.
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      	      	   4.)	Mrs. Margeurite Moses agrees to obtain a sign 
permit
      for the aforesaid on-premise canvas sign.
      ADOPTED:  February 4, 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 MRS. MARGEURITE MOSES (hereinafter "Mrs. Moses"),
         this _____ day of ______________, 1992.
              	   For and in consideration of the granting of the
         non-exclusive temporary use of the portion of the right-of-way
         located at 212 Market Street for the purpose of erecting an
         on-premise canvas sign to the restaurant located at 212 Market
         Street which will project over the sidewalk a maximum of 48
         inches, and for other good and valuable consideration, the
         receipt of which is hereby acknowledged, Mrs. Moses agrees as
         follows:
              	   1.	Mrs. Moses 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 Mrs. Moses.
              	   2.	Mrs. Moses 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.	Mrs. Moses will provide adequate access for
         maintenance of any utilities within the right-of-way.
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         ____________________	       ________________________________
         DATE 	   	     	       MRS. MARGEURITE MOSES
        
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR