Subject: 20232/TempUsage/Johnson/340Market St.
Date: Fri, 26 Jan 1990 10:12:00 -0500


                             RESOLUTION NO.   20232 
                  
                  
                   A RESOLUTION AUTHORIZING DANIEL R. JOHNSON
                   TO USE TEMPORARILY A PORTION OF THE PUBLIC
                   RIGHT-OF-WAY OVER THE FRONT ENTRANCE OF HIS
                   BUILDING LOCATED AT 340 MARKET STREET FOR
                   THE INSTALLATION OF AN AWNING PROJECTING
                   3'0" OVER THE SIDEWALK FOR A LENGTH OF 20'0"
                   ON THE 4TH STREET SIDE AND 21'6" ON THE
                   MARKET STREET SIDE, UPON CERTAIN CONDITIONS.
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Daniel R. Johnson (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily a portion of the public right-of-way over the front
       entrance of his building located at 340 Market Street, for the
       installation of an awning  projecting 3'0" over the sidewalk for 
a
       length of 20'0" on the 4th Street side and 21'6" on the Market
       Street Side.
       	    	 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.
       	    	 3.)  Temporary User shall provide adequate access for
       maintenance of any utilities located within the easement.
      
      
       ADOPTED:	 May 17, 1994
      
       :meb
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                           INDEMNIFICATION AGREEMENT
      
      
            This Indemnification Agreement is entered into by and 
between
        THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and 

        DANIEL R. JOHNSON (hereinafter "Temporary User"), this _____ day 

        of ______________, 1994.
            For and in consideration of the granting of the temporary 
use
        of a portion of the public right-of-way over the sidewalk at 340 

        Market Street for the purpose of installing an awning which will 

        project 3'0" over the sidewalk, a length of 20'0" on the 4th
        Street side and 21'6" on the Market Street side 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:________________________________
        Date	      	   	     	  DANIEL R. JOHNSON
            	      	   	     	 
       
       
            	      	   	     CITY OF CHATTANOOGA, TENNESSEE
       
        _________________________    BY:_______________________________
        Date	                          GENE ROBERTS, Mayor