Subject: 21739/TmpUsg/CherryStrCafe/725CherrySt/Awning
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21739
                
                
                 A RESOLUTION AUTHORIZING CHERRY STREET CAFE TO
                 USE TEMPORARILY THE SIDEWALK AT 725 CHERRY
                 STREET FOR RENOVATING AN EXISTING NINETEEN-FOOT
                 (19') LONG AND SIX FOOT (6') WIDE CANVAS-
                 COVERED METAL AWNING, MORE PARTICULARLY
                 DESCRIBED HEREIN, SUBJECT TO CERTAIN
                 CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Cherry Street Cafe (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily the sidewalk at 725 Cherry Street for renovating an
       existing 19 foot long and 6 foot wide canvas-covered metal awning 

       over the entrance to Cherry Street Cafe which projects six (6)
       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:	 March 31, 1998
      
       :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 CHERRY STREET CAFE (hereinafter "Temporary User"),
       this 31st day of March, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the sidewalk at 725 Cherry Street for renovating 

       an existing 19 foot long and 6 foot wide canvas-covered metal
       awning over the entrance to Cherry Street Cafe which projects six 

       (6) 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.
       	    	 It is understood that all sign installations are subject
       to approval of the sign inspector and obtaining all necessary 
sign
       permits, variances, or other requirements.
      
       	    	      	   	     CHERRY STREET CAFE
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	 
       4-1-98______________________
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       4-2-98______________________  
BY:s/_______________________________
       Date                               JON KINSEY, Mayor