Subject: 19527/Temporary Usage/Windham/landscaping
Date: Fri, 26 Jan 1990 10:12:00 -0500


        
                               RESOLUTION NO. 19527
        
                  
                   A RESOLUTION AUTHORIZING PHIL WINDHAM TO USE
                   TEMPORARILY A PORTION OF THE RIGHT-OF-WAY
                   LOCATED AT 110 JORDAN DRIVE, MORE PARTICULARLY
                   DESCRIBED HEREIN, FOR THE PURPOSE OF
                   LANDSCAPING, UPON CERTAIN CONDITIONS.
                  
                         _______________________________
      	      	   BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
      CHATTANOOGA, TENNESSEE, that Phil Windham be and is hereby 
permitted
      to use temporarily a portion of the right-of-way located at 110 
Jordan
      Drive on the east side of Jordan Drive for the length of 200 feet
      beginning approximately 150 feet south from the centerline of Lee
      Parkway for the purpose of landscaping, more particularly shown on 
the
      drawing attached hereto.
      	      	   BE IT FURTHER RESOLVED, that said temporary usage shall 

      be subject to the following conditions:
      	      	   1.)	Phil Windham 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.)	Phil Windham agrees to vacate the right-of-way and
      temporary use upon reasonable notice from the City to do so.
      	      	   3.)	Phil Windham agrees to provide adequate access for
      maintenance of any utilities located within the right-of-way.
      ADOPTED:  July 14, 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. PHIL WINDHAM (hereinafter "Phil Windham"), 
this
         _____ day of ______________, 1992.
              	   For and in consideration of the granting of the
         temporary use of the portion of the right-of-way located at 110 

         Jordan Drive for a distance of 200 feet, and for other good and 

         valuable consideration, the receipt of which is hereby
         acknowledged, Phil Windham agrees as follows:
              	   1.	Phil Windham 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 Phil Windham.
              	   2.	Phil Windham 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.	Phil Windham will provide adequate access for
         maintenance of any utilities within the right-of-way.
0C
        
        
         ____________________	       ________________________________
         DATE 	   	     	       PHIL WINDHAM
        
        
        
              	   	     	       CITY OF CHATTANOOGA, TENNESSEE
        
        
        
         __________________________    By:_____________________________
         DATE 	   	     	          MAYOR