Subject: 19955/TempUsage/Henley/1235WorthingtonStreet
Date: Fri, 26 Jan 1990 10:12:00 -0500


                  
                             RESOLUTION NO.   19955 
                  
                  
                   A RESOLUTION AUTHORIZING RALPH T. AND HELEN
                   W. HENLEY TO USE TEMPORARILY THE ALLEY
                   BEHIND THEIR PROPERTY AT 1235 WORTHINGTON
                   STREET FOR USE AS A PARKING AREA FOR
                   VEHICLES OF THE RESIDENTS AT SAID ADDRESS,
                   UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Ralph T. and Helen W. Henley
       (hereinafter referred to as "Temporary User") be and are hereby
       permitted to use temporarily the alley behind their property at
       1235 Worthington Street for use as a parking area for vehicles of 

       the residents at said address.
       	    	 BE IT FURTHER RESOLVED, that said temporary usage shall
       be subject to the following conditions:
       	    	 1.)  Temporary User 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.)  Temporary User agrees to vacate the property and
       temporary use upon reasonable notice from the City to do so.
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       	    	 3.)  Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 August 24, 1993
      
       :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 RALPH T. HENLEY and HELEN W. HENLEY (hereinafter
       "Temporary User"), this _____ day of ______________, 1993.
       	    	 For and in consideration of the granting of the
       temporary use of the alley behind the property at 1235 
Worthington
       Street for use as a parking area for vehicles of the residents at 

       said address, and for other good and valuable consideration, the
       receipt of which is hereby acknowledged, Temporary User agrees as 

       follows:
       	    	 1.  Temporary User 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.  Temporary User 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.  Temporary User will restore the property to 

       its original condition when it is returned to the City.
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       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
      
       	    	      	   	     By:________________________________
       	    	      	   	     	  RALPH T. HENLEY
      
      
      
       	    	      	   	        ________________________________
       	    	      	   	     	  HELEN W. HENLEY
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               MAYOR