Subject: 19570/TempUsage/RiverCity/Market-2nd & 1st Streets Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 19570 A RESOLUTION AUTHORIZING RIVERCITY COMPANY TO USE TEMPORARILY A RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF MARKET STREET BETWEEN SECOND AND FIRST STREETS TO ERECT AWNINGS AND ROOF EAVES WHICH WILL OVERHANG THE SIDEWALK, UPON CERTAIN CONDITIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that RiverCity Company (hereinafter referred to as "RiverCity") be and is hereby permitted to use temporarily a right-of-way located on the west side of Market Street between Second and First Streets for the purpose of erecting awnings and roof eaves which will overhang the sidewalk. BE IT FURTHER RESOLVED, that said temporary usage shall be subject to the following conditions: 1.) RiverCity 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.) RiverCity agrees to vacate the property and temporary use upon reasonable notice from the City to do so. 0C 3.) RiverCity shall have obtained approval of the City Engineer and City Traffic Engineer prior to the commencement of construction. ADOPTED: :cjc 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and RIVERCITY COMPANY (hereinafter "RiverCity"), this _____ day of ______________, 1992. For and in consideration of the granting of the temporary use of the right-of-way located on the west side of Market Street between Second and First Streets, and for other good and valuable consideration, the receipt of which is hereby acknowledged, RiverCity agrees as follows: 1. RiverCity 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. RiverCity 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. RiverCity will restore the property to its original condition when it is returned to the City. 0C 3. RiverCity will provide adequate access for maintenance of any utilities located within the easement. RIVERCITY COMPANY By:________________________________ ___________________________ Title:_____________________________ Date CITY OF CHATTANOOGA, TENNESSEE ___________________________ BY:________________________________ Date MAYOR