Subject: 19421/TempUsage/Republic Centre/ROW @ Chestnut Street
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19421
                  
                  
                   A RESOLUTION AUTHORIZING REPUBLIC CENTRE TO
                   USE TEMPORARILY AIR SPACE ABOVE A PORTION OF
                   THE WESTERN SIDEWALK AT 611 CHESTNUT STREET,
                   UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Republic Centre (hereinafter 
referred
       to as "Republic") be and is hereby permitted to use temporarily
       air space above a portion of the western sidewalk at 611 Chestnut 

       Street located between 6th and 7th Streets for the purpose of
       allowing for the addition of a fixed canopy at the main entrance
       of the Republic Centre Annex.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Republic 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.)  Republic agrees to vacate the right-of-way and
       remove the aforesaid fixed canopy upon thirty (30) days written
       notice from the City so to do, unless Republic has been otherwise 

       authorized to use said air space.
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       	    	 3.)  Republic shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
      
       ADOPTED:	 April 21, 1992
      
       :cjc
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and REPUBLIC CENTRE (hereinafter "Republic"), this _____ 

       day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of air space above a portion of the western 
sidewalk
       at 611 Chestnut Street located between 6th and 7th Streets for 
the
       purpose of allowing for the addition of a fixed canopy at the
       main entrance of the Republic Centre Annex, and for other good 
and
       valuable consideration, the receipt of which is hereby
       acknowledged, Republic agrees as follows:
       	    	 1.  Republic 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, subject to the terms and 
limitations
       of the Tennessee Claims Commission Act, T.C.A. A79-8-301, et 
seq.
       	    	 2.  Republic 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.  Republic will restore the property to its original
       condition when it is returned to the City.
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       	    	 3.  Republic will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     REPUBLIC CENTRE
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
      
       ___________________________   Title:_____________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR