Subject: 21434/TmpUsg/PowerEquip/3500RossvilleBlvd/Sign
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21434
                
                
                 A RESOLUTION AUTHORIZING POWER EQUIPMENT
                 ENGINES AND PARTS TO USE TEMPORARILY THE
                 SOUTHERN SIDEWALK AT 3500 ROSSVILLE BOULEVARD
                 FOR INSTALLATION OF A BUSINESS SIGN, MORE
                 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
                 CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Power Equipment Engines and Parts
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily the southern sidewalk at 3500
       Rossville Boulevard for the installation of a business sign with
       the post remaining outside the right-of-way and the top
       advertising board projecting two (2) feet into the southern
       sidewalk of 35th Street at 3500 Rossville Boulevard with a
       clearance of nearly sixteen (16) feet above 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:	 June 24, 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 POWER EQUIPMENT ENGINES AND PARTS (hereinafter
       "Temporary User"), this 24th day of   June  , 1997.
       	    	 For and in consideration of the granting of the
       temporary use of the southern sidewalk at 3500 Rossville 
Boulevard
       for the installation of a business sign with the post remaining
       outside the right-of-way and the top advertising board projecting 

       two (2) feet into the southern sidewalk of 35th Street at 3500
       Rossville Boulevard with a clearance of nearly sixteen (16) feet
       above 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.
      
       	    	      	   	     POWER EQUIPMENT ENGINES AND PARTS
      
      
       	    	      	   	     BY:***______________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       June 30, 1997  	   	     BY:s/_______________________________
       Date                               JON KINSEY, Mayor
      
      
       {NOTE:  Sign is down and is totally non-existent; no need for
       signature}   ISC