Subject: 20776/TempUsage/ChattBagelCo/725CherryStr/Sign
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20776
                  
                  
                   A RESOLUTION AUTHORIZING CHATTANOOGA BAGEL
                   COMPANY TO USE TEMPORARILY A PORTION OF THE
                   CITY'S RIGHT-OF-WAY AT 725 CHERRY STREET FOR
                   PLACEMENT OF A SIGN ON THE EXISTING AWNING
                   WHICH OVERHANGS THE SIDEWALK, SUBJECT TO
                   CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Chattanooga Bagel Company
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a portion of the City's right-of-way 

       for the purpose of attaching a sign onto the existing awning in
       front of their building at 725 Cherry Street;
       	    	 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.
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       	    	 4.   Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 November 7, 1995
      
       :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 CHATTANOOGA BAGEL COMPANY (hereinafter "Temporary
       User"), this _____ day of ______________, 1995.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way for the
       purpose of attaching a sign on the existing awning which 
overhangs
       the sidewalk at 725 Cherry Street, 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.
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       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     CHATTANOOGA BAGEL COMPANY
      
       	    	      	   	    
       	    	      	   	     BY:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor