Subject: 21412/TmpUsg/HighlndPkBapt/1900Bailey/Canopy
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21412
                
                
                 A RESOLUTION AUTHORIZING HIGHLAND PARK BAPTIST
                 CHURCH TO USE TEMPORARILY THE WESTERN SIDEWALK
                 AT 1900 BAILEY AVENUE FOR EXTENSION OF EXISTING
                 CANOPY ON CHURCH BUILDING, MORE PARTICULARLY
                 DESCRIBED HEREIN, SUBJECT TO CERTAIN
                 CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that the Highland Park Baptist Church
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily the western sidewalk at 1900 Bailey
       Avenue for the extension of an existing canopy fixed onto the 
side
       of the Highland Park Baptist Church building from 5' x 15' to 12' 

       x 29', which will extend 12' into the City's right-of-way;
       	    	 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:	 June 10, 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 HIGHLAND PARK BAPTIST CHURCH (hereinafter "Temporary 

       User"), this _____ day of ______________, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of the western sidewalk at 1900 Bailey Avenue for
       the extension of an existing canopy fixed onto the side of the
       Highland Park Baptist Church building from 5' x 15' to 12' x 29', 

       which will extend 12' into the City's right-of-way, 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.
      
       	    	      	   	     HIGHLAND PARK BAPTIST CHURCH
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       6/11/97_____________________  	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       6/13/97_____________________  
BY:s/_______________________________
       Date                               JON KINSEY, Mayor