Subject: 21451/TmpUsg/ChattBilliard/110JordanDr/Landscaping
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21451
                
                
                 A RESOLUTION AUTHORIZING CHATTANOOGA BILLIARD
                 CLUB TO USE TEMPORARILY A PORTION OF THE CITY'S
                 RIGHT-OF-WAY ON THE EAST SIDE OF JORDAN DRIVE,
                 MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
                 CERTAIN CONDITIONS, FOR PROVIDING LANDSCAPING.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Chattanooga Billiard Club
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a four feet (4') strip of the City's 

       right-of-way on the east side of Jordan Drive between Chattanooga 

       Billiard Club building at 104 Jordan Drive and Family Dentistry
       building at 110 Jordan Drive for providing landscaping;
       	    	 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:	 July 8, 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 CHATTANOOGA BILLIARD CLUB (hereinafter "Temporary
       User"), this 8th day of July, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of a four feet (4') strip of the City's 
right-of-way
       on the east side of Jordan Drive between Chattanooga Billiard 
Club
       building at 104 Jordan Drive and Family Dentistry building at 110 

       Jordan Drive for providing landscaping, 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.
      
       	    	      	   	     CHATTANOOGA BILLIARD CLUB
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       July 14, 1997______________   
BY:s/_______________________________
       Date                               JON KINSEY, Mayor