Subject: 21547/TmpUsg/Carter's/2433-35Broad/Awning
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21547
                
                
                 A RESOLUTION AUTHORIZING CARTER'S ON BROAD TO
                 USE TEMPORARILY PORTIONS OF THE CITY'S
                 RIGHT-OF-WAY AT 2433-35 BROAD STREET, MORE
                 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
                 CERTAIN CONDITIONS, FOR INSTALLING AN AWNING.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Carter's on Broad (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily a portion of the City's right-of-way at 2433-35 Broad 

       Street to install a 36-inch wide awning 9 feet above the 11-foot
       wide sidewalk in front of Carter's on Broad;
       	    	 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 30, 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 CARTER'S ON BROAD (hereinafter "Temporary User"),
       this _____ day of ______________, 1997.
       	    	 For and in consideration of the granting of the
       temporary use of the City's right-of-way at 2433-35 Broad Street
       to install a 36-inch wide awning 9 feet above the 11-foot wide
       sidewalk in front of Carter's on Broad, 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.
      
       	    	      	   	     CARTER'S ON BROAD
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	      
       	    	      	   	     Title:______________________________
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:_________________________________
       Date                               JON KINSEY, Mayor