Subject: 19349/Tyner Little League Rec. Program Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 19349 A RESOLUTION AUTHORIZING TYNER LITTLE LEAGUE RECREATION PROGRAM TO USE TEMPORARILY PORTIONS OF THE CITY RIGHT-OF-WAY AND OTHER PROPERTY FOR THE ERECTION OF BANNERS FOR SIXTY DAYS UPON CERTAIN CONDITIONS. _______________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Tyner Little League Recreation Program be and is hereby permitted to use temporarily portions of the City right-of-way and other properties with the express permission of the owner thereof for the erection of banners for a period not to exceed sixty (60) days. BE IT FURTHER RESOLVED, that said temporary usage shall be subject to the following conditions: 1.) Tyner Little League Recreation Program 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.) Tyner Little League Recreation Program agrees to vacate the right-of-way and remove the aforesaid banners within sixty (60) days of the passage of this resolution. 3.) Tyner Little League Recreation Program agrees to provide adequate access for maintenance of any utilities located within the right-of-way. 4.) Tyner Little League Recreation Program shall not 0C erect any banners off the City right-of-way except with the express permission of the owner of the property. Nothing in this Resolution shall be construed to grant Tyner Little League Recreation Program any right to erect or maintain any banners beyond the sixty-day period set forth herein; any banners erected by Tyner Little League Recreation Program after said sixty-day period shall be subject to all applicable ordinances and regulations hereinafter enacted by the City Council of the City of Chattanooga, Tennessee. ADOPTED: February 25, 1992 WSPjr:jrm 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and TYNER LITTLE LEAGUE RECREATION PROGRAM (hereinafter "Tyner Little League") this _____ day of ______________, 1992. For and in consideration of the granting of the non-exclusive temporary use of the portions of the right-of-way for the purpose of erecting banners and for other good and valuable consideration, the receipt of which is hereby acknowledged, Tyner Little League agrees as follows: 1. Tyner Little League 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 Tyner Little League. 2. Tyner Little League will vacate the right-of-way and remove all of said banners both on and off the right-of-way within sixty (60) days of the date of passage of this resolution. 3. Tyner Little League will provide adequate access for maintenance of any utilities within the right-of-way. 4. Tyner Little League shall not erect any banners off the City right-of-way except with the express permission of the owner of the property. 0C TYNER LITTLE LEAGUE RECREATION PROGRAM ____________________ By:______________________________ DATE Title:___________________________ CITY OF CHATTANOOGA, TENNESSEE __________________________ By:_____________________________ DATE MAYOR