Subject: 21396/TmpUsg/Bi-Lo/5901ShallowfordRd/FenceMoving
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21396
                
                
                 A RESOLUTION AUTHORIZING BI-LO, INC. TO USE
                 TEMPORARILY THE NORTH SIDE AT 5901 SHALLOWFORD
                 ROAD TO ACCOMMODATE REVISED SPACE REQUIREMENTS
                 OF MODERN EIGHTEEN WHEELER TRUCKS, MORE
                 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
                 CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Bi-Lo, Inc. (hereinafter referred to 

       as "Temporary User") be and is hereby permitted to use 
temporarily
       eight (8) feet of the City's right-of-way on the north side at
       5901 Shallowford Road by moving the existing fence in front of
       Bi-Lo's warehouse #1 parking lot to accommodate revised space
       requirements of modern eighteen wheeler trucks;
       	    	 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:	 May 27, 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 BI-LO, INC. (hereinafter "Temporary User"), this
       _____ day of ______________, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of eight (8) feet of the City's right-of-way on the 

       north side at 5901 Shallowford Road by moving the existing fence
       in front of Bi-Lo's warehouse #1 parking lot to accommodate
       revised space requirements of modern eighteen wheeler trucks, 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.
      
       	    	      	   	     BI-LO, INC.
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:_________________________________
       Date                               JON KINSEY, Mayor