Subject: 21388/TmpUsg/Greyfriar's/406BBroadStreet
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21388
                
                
                 A RESOLUTION REPEALING RESOLUTION NO. 21355,
                 ENCAPTIONED HEREINBELOW, AND AUTHORIZING
                 GREYFRIAR'S COFFEE & TEA COMPANY TO USE
                 TEMPORARILY THE WESTERN SIDEWALK AT 406-B BROAD
                 STREET FOR PLACING A FEW TABLES AND CHAIRS
                 THEREON, MORE PARTICULARLY DESCRIBED HEREIN,
                 SUBJECT TO CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Resolution No. 21355, encaptioned:
            A RESOLUTION AUTHORIZING LUPI'S PIZZA TO USE TEMPORARILY
            THE WESTERN SIDEWALK AT 406-A BROAD STREET FOR PLACING A
            FEW TABLES AND CHAIRS THEREON, MORE PARTICULARLY
            DESCRIBED HEREIN, SUBJECT TO CERTAIN CONDITIONS.
           
       be and the same is hereby repealed; and
       	    	 BE IT FURTHER RESOLVED, that Greyfriar's Coffee & Tea
       Company (hereinafter referred to as "Temporary User") be and is
       hereby permitted to use temporarily the western sidewalk at 406-B 

       Broad Street for placing a few tables and chairs on a seven feet
       (7') wide area of the sidewalk adjacent to the building to
       accommodate additional customers;
       	    	 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.
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       	    	 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.
       	    	 4.   Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 May 20, 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 GREYFRIAR'S COFFEE & TEA COMPANY (hereinafter
       "Temporary User"), this _____ day of ______________, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of the western sidewalk at 406-B Broad Street for
       placing a few tables and chairs on a seven feet (7') wide area of 

       the sidewalk adjacent to the building to accommodate additional
       customers, 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.
      
       	    	      	   	     GREYFRIAR'S COFFEE & TEA COMPANY
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:_________________________________
       Date                               JON KINSEY, Mayor