Subject: 19515/Temporary Usage/Faris Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 19515 A RESOLUTION AUTHORIZING MR. NORMAN FARIS TO USE TEMPORARILY A PORTION OF THE RIGHT-OF-WAY LOCATED AT 1601 COWART STREET, MORE PARTICULARLY DESCRIBED HEREIN, FOR ERECTION OF AN ON-PREMISE SIGN, UPON CERTAIN CONDITIONS. _______________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Mr. Norman Faris be and is hereby permitted to use temporarily a portion of the sidewalk at 1601 Cowart Street on the southwest corner of Cowart Street and West 16th Street, approximately twenty feet from the centerline of West 16th Street and twenty feet from the centerline of Cowart Street for the erection of an sign which will extend three feet from the fact of the building and which will be ten feet above the surface of the sidewalk, more particularly shown on the drawing attached hereto. BE IT FURTHER RESOLVED, that said temporary usage shall be subject to the following conditions: 1.) Mr. Norman Faris 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.) Mr. Norman Faris 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.) Mr. Norman Faris agrees to provide adequate access for maintenance of any utilities located within the right-of-way. 0C 4.) Mr. Norman Faris agrees to obtain a sign permit for the aforesaid on-premise sign. ADOPTED: July 7, 1992 WSPjr:jrm 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and MR. NORMAN FARIS (hereinafter "Mr. Faris"), 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 1601 Cowart Street for the purpose of erecting an on-premise sign to the building located at 1601 Cowart Street which will project over the sidewalk three feet, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Mr. Faris agrees as follows: 1. Mr. Faris 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 Mr. Faris. 2. Mr. Faris 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. Mr. Faris will provide adequate access for maintenance of any utilities within the right-of-way. 0C ____________________ ________________________________ DATE MR. NORMAN FARIS CITY OF CHATTANOOGA, TENNESSEE __________________________ By:_____________________________ DATE MAYOR