Subject: 20952/TmpUsg/TVA/MarketStrSidewalk/Planters
Date: Fri, 26 Jan 1990 10:12:00 -0500


                               RESOLUTION NO. 20952
                  
                  
                   A RESOLUTION AUTHORIZING TENNESSEE VALLEY
                   AUTHORITY TO USE TEMPORARILY A PORTION OF
                   THE CITY'S RIGHT-OF-WAY LOCATED ON MARKET
                   STREET FOR THE PLACEMENT OF PRECAST PLANTERS
                   AND BOLLARDS, SUBJECT TO CERTAIN CONDITIONS.
                  
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Tennessee Valley Authority
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a portion of the City's right-of-way 

       located on the western sidewalk of Market Street adjoining the 
TVA
       building at 11th and Market Streets for the placement of
       attractive precast planters and bollards in random order to
       prevent motor vehicles from climbing the sidewalk and breaching
       the security of buildings;
       	    	 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:	 April 9, 1996
      
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and TENNESSEE VALLEY 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 located on
       the western sidewalk of Market Street adjoining the TVA building
       at 11th and Market Streets for the placement of attractive 
precast
       planters and bollards in random order to prevent motor vehicles
       from climbing the sidewalk and breaching the security of 
buildings
       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.
      
       	    	      	   	     TENNESSEE VALLEY AUTHORITY
      
       	    	      	   	    
       	    	      	   	     BY:________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor