Subject: 19317/Temp.Closures/Community Venture
Date: Fri, 26 Jan 1990 10:12:00 -0500


        
                               RESOLUTION NO. 19317
        
                  
                   A RESOLUTION AUTHORIZING COMMUNITY VENTURES,
                   INC. TO USE TEMPORARILY A PORTION OF THE
                   RIGHT-OF-WAY ON DERBY DOWNS DRIVE WHICH SERVES
                   AS THE ENTRANCE ROAD TO THE DERBY DOWNS
                   SUBDIVISION, MORE PARTICULARLY DESCRIBED
                   HEREIN, FOR ERECTION OF A SIGN, UPON CERTAIN
                   CONDITIONS.
                  
                         _______________________________
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Community Ventures, Inc. be and is 
hereby
      permitted to use temporarily a portion of the right-of-way at 
Derby
      Downs Drive, which serves as the entrance road to the Derby Downs
      Subidivison, for the erection of an on-premise sign on said
      right-of-way, as more particularly shown on the drawing attached
      hereto.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Community Ventures, Inc. 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.)	Community Ventures, Inc. 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.)	Community Ventures, Inc. agrees to provide adequate 

      access for maintenance of any utilities located within the
      right-of-way.
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      	      	   4.)  Community Ventures, Inc. agrees to obtain a sign
      permit for the aforesaid on-premise 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 COMMUNITY VENTURES, INC. (hereinafter "Community
         Ventures, Inc. "), 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 Derby Downs Drive 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, Community Ventures, Inc. agrees as follows:
              	   1.	Community Ventures, Inc. 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 Community
         Ventures, Inc.
              	   2.	Community Ventures, Inc. 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.	Community Ventures, Inc. will provide adequate
         access for maintenance of any utilities within the 
right-of-way.
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              	   	     	       COMMUNITY VENTURES, INC.
              	   	     	      
        
              	   	     	       By:_____________________________
        
         __________________________    Title:__________________________
         DATE
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR