Subject: 21480/TmpUsg/BigChill/427MarketStr/Sign
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21480
                
                
                 A RESOLUTION AUTHORIZING THE BIG CHILL TO USE
                 TEMPORARILY A PORTION OF THE CITY'S RIGHT-OF-
                 WAY ON THE WESTERN SIDEWALK AT 427 MARKET
                 STREET, MORE PARTICULARLY DESCRIBED HEREIN,
                 SUBJECT TO CERTAIN CONDITIONS, FOR HANGING A
                 BUSINESS SIGN.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that The Big Chill (hereinafter referred
       to as "Temporary User") be and is hereby permitted to use
       temporarily a portion of the City's right-of-way on the western
       sidewalk at 427 Market Street for hanging a 3-feet diameter
       circular double-sided business sign from a tubular support 
mounted
       to the brick wall which is expected to project 4 feet into 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:	 August 5, 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 THE BIG CHILL (hereinafter "Temporary User"), this
       5th day of August, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way on the
       western sidewalk at 427 Market Street for hanging a 3-feet
       diameter circular double-sided business sign from a tubular
       support mounted to the brick wall which is expected to project 4
       feet into 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.
      
       	    	      	   	     THE BIG CHILL
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:  President
       9/2/97
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       Aug. 6, 1997   	   	     BY:s/_______________________________
       Date                               JON KINSEY, Mayor