Subject: 19516/Temporary Usage/Portera
Date: Fri, 26 Jan 1990 10:12:00 -0500


        
                               RESOLUTION NO. 19516
        
                  
                   A RESOLUTION AUTHORIZING MARY K. PORTERA TO USE
                   TEMPORARILY A PORTION OF THE RIGHT-OF-WAY
                   LOCATED AT 400 EAST SECOND 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 Mary K. Portera be and is hereby
      permitted to use temporarily a portion of the sidewalk at 400 East 

      Second Street, approximately seventy-six and one-half feet east of 
the
      centerline of High Street for the erection of an sign which will
      extend six feet fro the fact of the building and will be erected
      approximately ten feet from the surface of the sidewalk at the
      entrance of the building located at 400 East Second Street, more
      particularly shown on the drawing attached hereto.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Mary K. Portera 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.)	Mary K. Portera 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.)	Mary K. Portera agrees to provide adequate access
      for maintenance of any utilities located within the right-of-way.
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      	      	   4.)	Mary K. Portera agrees to obtain a sign permit for
      the aforesaid on-premise sign.
      ADOPTED:  July 7, 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 MARY K. PORTERA (hereinafter "Mary K. Portera"),
         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 400 East Second Street for the purpose of erecting 
an
         on-premise sign to the building located at 400 East Second
         Street which will project over the sidewalk six feet, and for
         other good and valuable consideration, the receipt of which is
         hereby acknowledged, Mary K. Portera agrees as follows:
              	   1.	Mary K. Portera 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 Mary K. Portera.
              	   2.	Mary K. Portera 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.	Mary K. Portera will provide adequate access for
         maintenance of any utilities within the right-of-way.
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         ____________________	       ________________________________
         DATE 	   	     	       MARY K. PORTERA
        
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR