Subject: 21110/TmpUsg/"TheBigMuch"
Date: Fri, 26 Jan 1990 10:12:00 -0500


                             RESOLUTION NO.   21110 
                 
                 
                  A RESOLUTION AUTHORIZING "THE BIG MUCH" TO USE
                  TEMPORARILY THE CITY'S RIGHT-OF-WAY ON THE
                  SOUTHERN SIDEWALK AT 34 FRAZIER AVENUE, FOR
                  THE PURPOSE OF INSTALLING A CANVAS AWNING,
                  SUBJECT TO CERTAIN CONDITIONS.
                 
                 
                                                    
                 
                 
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that "THE BIG MUCH"  (hereinafter 
referred
       to as "Temporary User") be and is hereby permitted to use
       temporarily the City's right-of-way on the southern sidewalk at 
34
       Frazier Avenue, for the purpose of installing a canvas awning 25
       feet long and 4 feet wide that will project 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.
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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:	 September 3, 1996
      
       :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 "THE BIG MUCH" (hereinafter "Temporary User"), this
       _____ day of ______________, 1996.
       	    	 For and in consideration of the granting of the
       temporary use of the City's right-of-way at 34 Frazier Avenue for 

       the installation of an awning 24 feet long and 4 feet wide that
       will project 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. 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.
      
       	    	      	   	     THE BIG MUCH
      
       	    	      	   	    
       ___________________________   BY:________________________________
       Date 	          
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   BY:________________________________
       Date                               GENE ROBERTS, Mayor