Subject: 19812/TempUsage/Leonard,Kinsey/10th&Ga.Ave.
Date: Fri, 26 Jan 1990 10:12:00 -0500


                            RESOLUTION NO.   19812  
                  
                  
                   A RESOLUTION AUTHORIZING LEONARD, KINSEY AND
                   ASSOCIATES TO USE TEMPORARILY A PORTION OF
                   THE RIGHT-OF-WAY LOCATED ALONG TENTH STREET
                   AND GEORGIA AVENUE, MORE PARTICULARLY
                   DESCRIBED HEREIN, TO ERECT NINE (9) CANOPIES
                   WHICH WILL OVERHANG THE SIDEWALK, UPON
                   CERTAIN CONDITIONS.
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Leonard, Kinsey and Associates
       (hereinafter referred to as "Leonard, Kinsey") be and is hereby
       permitted to use temporarily a portion of the right-of-way 
located
       along Tenth Street and Georgia Avenue at 100 East Tenth Street to 

       erect nine (9) canopies which will overhang the sidewalk.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Leonard, Kinsey 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.)  Leonard, Kinsey agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
       	    	 3.)  Leonard, Kinsey 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 LEONARD, KINSEY AND ASSOCIATES (hereinafter 
"Leonard,
       Kinsey"), this _____ day of ______________, 1993.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the right-of-way located along 
Tenth
       Street and Georgia Avenue at 100 East Tenth Street, and for other 

       good and valuable consideration, the receipt of which is hereby
       acknowledged, Leonard, Kinsey agrees as follows:
       	    	 1.  Leonard, Kinsey 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 afore-
       mentioned temporary use, subject to the terms and limitations of
       the Tennessee Claims Commission Act, T.C.A. A79-8-301, et seq.
       	    	 2.  Leonard, Kinsey 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.  Leonard, Kinsey will restore the property 
to
       its original condition when it is returned to the City.
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       	    	 3.  Leonard, Kinsey will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     LEONARD, KINSEY AND ASSOCIATES
       	   
      
       	    	      	   	     By:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR