Subject: 19573/TempUsage/McCallie Sch/Main Entrance(Burkett Miller Dr)
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19573
                  
                  
                   A RESOLUTION AUTHORIZING McCALLIE SCHOOL TO
                   USE TEMPORARILY A RIGHT-OF-WAY LOCATED AT
                   McCALLIE SCHOOL'S MAIN ENTRANCE (BURKETT
                   MILLER DRIVE) TO ITS CAMPUS, LOCATED AT
                   BAILEY AND DODDS AVENUE TO ERECT BANNERS TO
                   THE EASTERN TWO (OF FOUR) METAL STREET
                   SIGNAL AND LIGHT POLES AT THE McCALLIE
                   SCHOOL MAIN ENTRANCE, UPON CERTAIN
                   CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that McCallie School (hereinafter 
referred
       to as "McCallie") be and is hereby permitted to use temporarily a 

       right-of-way located at McCallie School's main entrance (Burkett
       Miller Drive) to its campus, located at Bailey and Dodds Avenue 
to
       erect banners to the eastern two (of four) metal street signal 
and
       light poles at the McCallie School main entrance.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  McCallie 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.)  McCallie agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
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       	    	 3.)  McCallie shall have obtained approval of the City
       Engineer and City Traffic Engineer prior to the commencement of
       construction.
      
       ADOPTED:	
      
       :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 McCALLIE SCHOOL (hereinafter "McCallie"), this _____ 

       day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of the right-of-way located at McCallie School's
       main entrance (Burkett Miller Drive) to its campus, located at
       Bailey and Dodds Avenue to erect banners to the eastern two (of
       four) metal street signal and light poles at the McCallie School
       main entrance, and for other good and valuable consideration, the 

       receipt of which is hereby acknowledged, McCallie agrees as
       follows:
       	    	 1.  McCallie 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.  McCallie 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.  McCallie will restore the property to its original
       condition when it is returned to the City.
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       	    	 3.  McCallie will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     McCALLIE SCHOOL
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
       	    	      	   	     	  SPENCER McCALLIE, Headmaster
       ___________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR