Subject: 19811/TempUsage/DavisTrust,SterlingPrice/811MarketSt.
Date: Fri, 26 Jan 1990 10:12:00 -0500


                            RESOLUTION NO.   19811  
                  
                  
                   A RESOLUTION AUTHORIZING THE STERLING PRICE
                   DAVIS TRUST TO USE TEMPORARILY A PORTION OF
                   THE RIGHT-OF-WAY LOCATED AT 811 MARKET
                   STREET, CHINA CAFETERIA II, TO ERECT AN
                   AWNING WHICH WILL OVERHANG THE SIDEWALK,
                   UPON CERTAIN CONDITIONS.
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that the Sterling Price Davis Trust
       (hereinafter referred to as "Davis Trust") be and is hereby
       permitted to use temporarily a portion of the right-of-way 
located
       at 811 Market Street, China Cafeteria II, to erect an awning 
which
       will overhang the sidewalk.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  The Davis Trust 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.)  The Davis Trust agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
       	    	 3.)  The Davis Trust shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
       ADOPTED:	 April 27, 1993
      
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and the STERLING PRICE DAVIS TRUST (hereinafter the
       "Davis Trust"), this _____ day of ______________, 1993.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the right-of-way located at 811
       Market Street, China Cafeteria II, and for other good and 
valuable
       consideration, the receipt of which is hereby acknowledged, the
       Davis Trust agrees as follows:
       	    	 1.  The Davis Trust 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.  The Davis Trust 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.  The Davis Trust will restore the property 
to
       its original condition when it is returned to the City.
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       	    	 3.  The Davis Trust will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     STERLING PRICE DAVIS TRUST
       	   
      
       	    	      	   	     By:________________________________
       	    	      	   	     	      
       ___________________________   	 
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR