Subject: 21543/TmpUsg/ChattLandCo/Market&Broad-between4th&5thStreets
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21543
                
                
                 A RESOLUTION AUTHORIZING THE CHATTANOOGA LAND
                 COMPANY TO USE TEMPORARILY PORTIONS OF THE
                 CITY'S RIGHT-OF-WAY ON THE WEST SIDE OF MARKET
                 STREET AND EAST SIDE OF BROAD STREET BETWEEN
                 4TH AND 5TH STREETS, MORE PARTICULARLY
                 DESCRIBED HEREIN, SUBJECT TO CERTAIN
                 CONDITIONS, FOR INSTALLING AWNINGS AND SIGNS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that the Chattanooga Land Company
       (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 west side of Market Street and the east side of Broad
       Street between 4th and 5th Streets to install signs and awnings 
on
       four newly renovated buildings that extend between Broad and
       Market Streets (414 Broad Street, 419, 421, 427 Market Street);
       	    	 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 CHATTANOOGA LAND COMPANY (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 west side of
       Market Street and the east side of Broad Street between 4th and
       5th Streets to install signs and awnings on four newly renovated
       buildings that extend between Broad and Market Streets (414 Broad 

       Street, 419, 421, 427 Market Street), 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 LAND COMPANY
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	      
       	    	      	   	     Title:  Vice President             
           10/2/97               
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
            9/23/97                  
BY:s/_______________________________
       Date                               JON KINSEY, Mayor