Subject: 20752/TempUsage/Goodwill Industries
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20752
                  
                  
                   A RESOLUTION AUTHORIZING CHATTANOOGA
                   GOODWILL INDUSTRIES, INC. TO USE TEMPORARILY
                   A PORTION OF THE RIGHT-OF-WAY AT 3500 DODDS
                   AVENUE FOR THE PURPOSE OF ERECTING TWO (2)
                   STANDARD AWNINGS, UPON CERTAIN CONDITIONS.
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Chattanooga Goodwill Industries, 
Inc.
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a portion of the sidewalk at 3500
       Dodds Avenue for the purpose of erecting two (2) 4' X 12' 
standard
       awnings, which will project four (4) feet into the sidewalk.
       	    	 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:	 October 17, 1995
      
       :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 

        CHATTANOOGA GOODWILL INDUSTRIES, INC. (hereinafter "Temporary
        User"), this _____ day of ______________, 1995.
            For and in consideration of the granting of the temporary 
use
        of a portion of the sidewalk at 3500 Dodds Avenue for the 
purpose
        of erecting two (2) 4' X 12' standard awnings,  which will
        project four (4) feet into the sidewalk, 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.
       
       
            	      	   	CHATTANOOGA GOODWILL INDUSTRIES, INC.
       
       
       
        __________________ 	BY:_________________________________
        DATE	     
            	      	   	     	 
       
       
            	      	   	CITY OF CHATTANOOGA, TENNESSEE
       
       
       
        ___________________   	BY:_________________________________
        Date	                          GENE ROBERTS, Mayor