Subject: 21518/TmpUsg/CHA/W.37th/SpencerMcCallieHomes
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21518
                
                
                 A RESOLUTION AUTHORIZING CHATTANOOGA HOUSING
                 AUTHORITY TO USE TEMPORARILY A PORTION OF THE
                 CITY'S RIGHT-OF-WAY AT WEST 37TH STREET
                 SITUATED WHOLLY INSIDE SPENCER J. McCALLIE
                 HOMES BETWEEN CHANDLER PLACE AND KIRKLAND
                 AVENUE, MORE PARTICULARLY DESCRIBED HEREIN,
                 SUBJECT TO CERTAIN CONDITIONS, FOR THE PURPOSE
                 OF REDESIGNING THE AREA WITH SPECIAL EMPHASIS
                 ON CRIME PREVENTION.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Chattanooga Housing Authority
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a portion of the City's right-of-way 

       at West 37th Street situated wholly inside Spencer J. McCallie
       Homes between Chandler Place and Kirkland Avenue for the purpose
       of redesigning the area with special emphasis on crime 
prevention;
       	    	 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:	 September 9, 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 HOUSING AUTHORITY (hereinafter 
"Temporary
       User"), this 9th day of September, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of a portion of the City's right-of-way at West 
37th
       Street situated wholly inside Spencer J. McCallie Homes between
       Chandler Place and Kirkland Avenue for the purpose of redesigning 

       the area with special emphasis on crime prevention, 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 HOUSING AUTHORITY
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       Sept. 11, 1997
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       9/12/97	      	   	     BY:s/_______________________________
       Date                               JON KINSEY, Mayor