Subject: 20899/TempUsage/CARTA/2nd3rdetc/Marquees,Fixtures,etc
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20899
                 
                 
                  A RESOLUTION AUTHORIZING CARTA TO USE
                  TEMPORARILY A PORTION OF THE CITY'S RIGHT-OF-
                  WAY ON SECOND, THIRD, CHESTNUT AND BROAD
                  STREETS SURROUNDING THE CARTA NORTH PARKING
                  GARAGE BUILDING FOR THE INTRUSION OF MARQUEES,
                  LIGHT FIXTURES, CANOPIES AND OTHER
                  APPURTENANCES, SUBJECT TO CERTAIN CONDITIONS.
                 
                 
                                                    
                 
                 
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Chattanooga Area Regional
       Transportation Authority (or "CARTA") (hereinafter referred to as 

       "Temporary User") be and is hereby permitted to use temporarily a 

       portion of the City's right-of-way on Second, Third, Chestnut and 

       Broad Streets surrounding the CARTA North parking garage building 

       for the intrusion of marquees, light fixtures, canopies, signs,
       awnings and an applied "tower" shape on the Broad Street facade;
       	    	 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:	 February 27, 1996
      
       :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 AREA REGIONAL TRANSPORTATION AUTHORITY
       (hereinafter "Temporary User"), this _____ day of ______________, 

       1996.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way on Second,
       Third, Chestnut and Broad Streets surrounding the CARTA North
       parking garage building for the intrusion of marquees, light
       fixtures, canopies, signs, awnings and an applied "tower" shape 
on
       the Broad Street facade, 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 Governmental Tort Liability Act, T.C.A. A7A7
       29-20-101, 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 AREA REGIONAL
       	    	      	   	       TRANSPORTATION AUTHORITY
      
       	    	      	   	    
       	    	      	   	     BY:________________________________
       	    	      	   	     	  THOMAS W. DUGAN
       	    	      	   	     	  Executive Director
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor