Subject: 20276/TempUsage/Franklin-Peck/NoahReid-BonnyOaks
Date: Fri, 26 Jan 1990 10:12:00 -0500


                  
                             RESOLUTION NO.   20276
                  
                  
                   A RESOLUTION AUTHORIZING FRANKLIN-PECK
                   INDUSTRIES, INC., D/B/A WELL BRED BOXER, TO
                   USE TEMPORARILY A FIVE FEET (5') STRIP OF
                   THE CITY'S RIGHT-OF-WAY ON THE WEST SIDE OF
                   NOAH REID ROAD EXTENDING TO ONE HUNDRED
                   FORTY FEET (140') + FROM ITS INTERSECTION
                   WITH BONNY OAKS DRIVE FOR THE PURPOSE OF
                   EMPLOYEE PARKING, UPON CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Franklin-Peck Industries, Inc., 
d/b/a
       Well Bred Boxer (hereinafter referred to as "Temporary User") be
       and is hereby permitted to use temporarily a five feet (5') strip 

       of the City's right-of-way on the west side of Noah Reid Road
       extending to one hundred forty feet (140') + from its 
intersection
       with Bonny Oaks Drive for the purpose of employee parking.
       	    	 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:	 June 28, 1994
      
       :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 FRANKLIN-PECK INDUSTRIES, INC., d/b/a WELL BRED 
BOXER
       (hereinafter "Temporary User"), this _____ day of ______________, 

       1994.
       	    	 For and in consideration of the granting of the
       temporary use of a five feet (5') strip of the City's 
right-of-way
       on the west side of Noah Reid Road extending to one hundred forty 

       feet (140') + from its intersection with Bonny Oaks Drive for the 

       purpose of employee parking, 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. A7A7 9-8-301, 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.
       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
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       	    	      	   	     FRANKLIN-PECK INDUSTRIES, INC.
       	    	      	   	     d/b/a WELL BRED BOXER    	   	
      
      
       	    	      	   	     BY:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor