Subject: 19574/TempUsage/Lkout Mtn Cav/Old Wauhatchie Pike
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 19574
                  
                  
                   A RESOLUTION AUTHORIZING LOOKOUT MOUNTAIN
                   CAVERNS, INC. TO USE TEMPORARILY A PORTION
                   OF OLD WAUHATCHIE PIKE LOCATED NORTHWEST OF
                   GRANDVIEW PLACE AND SOUTHWEST OF CUMMINGS
                   HIGHWAY FOR THE PURPOSE OF ESTABLISHING A
                   GREENWAY, UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Lookout Mountain Caverns, Inc.
       (hereinafter referred to as "Lookout Mountain Caverns") be and is 

       hereby permitted to use temporarily a portion of Old Wauhatchie
       Pike located northwest of Grandview Place and southwest of
       Cummings Highway for the purpose of establishing a greenway.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Lookout Mountain Caverns 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.)  Lookout Mountain Caverns agrees to vacate the
       property and temporary use upon reasonable notice from the City 
to
       do so.
       	    	 3.)  Lookout Mountain Caverns shall provide adequate
       access for maintenance of any utilities located within the
       easement.
       	    	 4.)  Lookout Mountain Caverns shall provide access to
       emergency vehicles.
       	    	 5.)  Lookout Mountain Caverns shall provide access as an
       alternate route down the mountain in the event that Scenic 
Highway
       is closed to through traffic.
       	    	 6.)  Lookout Mountain Caverns shall provide a
       hammer-head turn-around and adequate parking space at the end of
       the portion of Old Wauhatchie Pike not covered by this temporary
       usage.
       	    	 7.)  Lookout Mountain Caverns shall provide gates at the
       ends of the public right-of-ways not covered by this temporary
       usage.
       	    	 8.)  Lookout Mountain Caverns shall maintain all of the
       paved roadway as is for emergency vehicle access.
       	    	 9.)  Lookout Mountain Caverns 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 LOOKOUT MOUNTAIN CAVERNS, INC. (hereinafter "Lookout 

       Mountain Caverns"), this _____ day of ______________, 1992.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of Old Wauhatchie Pike located
       northwest of Grandview Place and southwest of Cummings Highway,
       and for other good and valuable consideration, the receipt of
       which is hereby acknowledged, Lookout Mountain Caverns agrees as
       follows:
       	    	 1.  Lookout Mountain Caverns 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.  Lookout Mountain Caverns 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.  Lookout Mountain Caverns will restore 
the
       property to its original condition when it is returned to the
       City.
       	    	 3.  Lookout Mountain Caverns will provide adequate
       access for maintenance of any utilities located within the
       easement.
      
       	    	      	   	     LOOKOUT MOUNTAIN CAVERNS, INC.
       	    	      	   	     	 
      
       	    	      	   	     By:________________________________
      
       ___________________________   Title:_____________________________
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR