Subject: 21323/TmpUsg/Don'sFishMkt/4thAve/Awning
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21323
                
                
                 A RESOLUTION AUTHORIZING DON'S FISH MARKET TO
                 USE TEMPORARILY A PORTION OF THE CITY'S
                 RIGHT-OF-WAY LOCATED AT 2651 FOURTH AVENUE FOR
                 THE PURPOSE OF INSTALLING A TWENTY-THREE FEET
                 (23') LONG PLASTIC AWNING LIGHTED SIGN WHICH
                 WILL PROJECT TWO FEET (2') OVER THE WESTERN
                 SIDEWALK OF FOURTH AVENUE AT FOUST STREET, MORE
                 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
                 CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Don's Fish Market (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily a portion of the City's right-of-way located at 2651
       Fourth Avenue for the purpose of installing a 23 feet long 
plastic
       awning lighted sign which will project 2 feet over the western
       sidewalk of Fourth Avenue at Foust 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:	 March 25, 1997
      
       :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 DON'S FISH MARKET (hereinafter "Temporary User"),
       this   25th   day of   March  , 1997.
       	    	 For and in consideration of the granting of the
       temporary use of the City's right-of-way located at 2651 Fourth
       Avenue for the purpose of installing a 23 feet long plastic 
awning
       lighted sign which will project 2 feet over the western sidewalk
       of Fourth Avenue at Foust 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.
      
       	    	      	   	     DON'S FISH MARKET
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
                 3-27-97         
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
                3/26/97              
BY:s/_______________________________
       Date                               GENE ROBERTS, Mayor