Subject: 19423/Temp.Usage/Univ. of TN/Vine Street Portion
Date: Fri, 19 May 1989 10:20:00 -0500


                               RESOLUTION NO. 19423
                  
                  
                   A RESOLUTION AUTHORIZING THE UNIVERSITY OF
                   TENNESSEE TO USE TEMPORARILY VINE STREET
                   FROM A POINT 330 FEET SOUTHEAST OF THE
                   INTERSECTION OF DOUGLAS STREET AND VINE
                   STREET AND EXTENDING SOUTHEAST ALONG VINE
                   STREET SOME 590 FEET, UPON CERTAIN
                   CONDITIONS.
                  
                  
                            _________________________
                  
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, That the University of Tennessee be and 
is
       hereby authorized to use temporarily Vine Street from a point 330 

       feet southeast of the intersection of Douglas Street and Vine
       Street and extending southeast along Vine Street some 590 feet.
       	    	 BE IT FURTHER RESOLVED, That said temporary usage shall
       be subject to the following conditions:
       	    	 (1)  The University of Tennessee agrees to 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 use.
      
       	    	 (2)  The University of Tennessee agrees to vacate
            the property and temporary use upon reasonable notice
            from the City to do so.
      
       	    	 (3)  The University of Tennessee will provide
            adequate access for maintenance of any utilities located
            within the easement.
      
      
       ADOPTED:  April 28, 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
       THE UNIVERSITY OF TENNESSEE, CHATTANOOGA, (hereinafter "UTC"),
       this _____ day of ______________, 1992.
       	    For and in consideration of the granting of the temporary 
use
       of Vine Street from a point 330 feet southeast of the 
intersection
       of Douglas Street and Vine Street and extending southeast along
       Vine Street some 590 feet, and for other good and valuable
       consideration, the receipt of which is hereby acknowledged, UTC
       agrees as follows:
       	    1.  UTC 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.  UTC 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 three (3) days. 
       UTC will restore the property to its original condition when it 
is
       returned to the city.
       	    3.  UTC will provide adequate access for maintenance of any
       utilities located within the easement.
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       	    	      	   	     UNIVERSITY OF TENNESSEE, CHATTANOOGA
       	    	      	   	     	 
      
       	    	      	   	     By:  _____________________________
      
       ___________________________   Title:  __________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:  _____________________________
       Date                               MAYOR