Subject: 21542/TmpUsg/Beer&Winemkrs/336FrazierAve/Awning
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21542
                
                
                 A RESOLUTION AUTHORIZING BEER AND WINEMAKERS
                 SHOP TO USE TEMPORARILY A PORTION OF THE CITY'S
                 RIGHT-OF-WAY ON THE SIDEWALK AT 336 FRAZIER
                 AVENUE, MORE PARTICULARLY DESCRIBED HEREIN,
                 SUBJECT TO CERTAIN CONDITIONS, FOR INSTALLING
                 A CANVAS AWNING OVER THE ENTRANCE TO THE SHOP.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Beer and Winemakers Shop 
(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 sidewalk
       at 336 Frazier Avenue for the installation of a 7 feet long and 4 

       feet wide canvas awning over the entrance to Beer and Winemakers
       Shop, which will encroach 4 feet onto the sidewalk at this
       location;
       	    	 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 23, 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 BEER AND WINEMAKERS SHOP (hereinafter "Temporary
       User"), this 23rd day of September, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of the City's right-of-way on the sidewalk at 336
       Frazier Avenue for the installation of a 7 feet long and 4 feet
       wide canvas awning over the entrance to Beer and Winemakers Shop, 

       which will encroach 4 feet onto the sidewalk at this location, 
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.
      
       	    	      	   	     BEER AND WINEMAKERS SHOP
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:s/_______________________________
       Date                               JON KINSEY, Mayor