Subject: 21756/TmpUsg/SignalCtrs/3635Brainerd/ConcretePlanters
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21756
                
                
                 A RESOLUTION AUTHORIZING SIGNAL CENTERS/UCP TO
                 USE TEMPORARILY THE SIDEWALK AT 3635 BRAINERD
                 ROAD FOR THE PURPOSE OF PLACING CONCRETE
                 PLANTERS THEREON, MORE PARTICULARLY DESCRIBED
                 HEREIN, SUBJECT TO CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Signal Centers/UCP (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily the sidewalk at 3635 Brainerd Road for the purpose of 

       placing concrete planters thereon to prevent drivers from driving 

       through the sidewalk and hitting pedestrians leaving this
       building;
       	    	 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.
0C
       	    	 4.   Temporary User shall have obtained approval of the
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 April 14, 1998
      
       :cjc
0C
      
      
                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and SIGNAL CENTERS/UCP (hereinafter "Temporary User"),
       this _____ day of ______________, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the sidewalk at 3635 Brainerd Road for the
       purpose of placing concrete planters thereon to prevent drivers
       from driving through the sidewalk and hitting pedestrians leaving 

       this building, 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.
0C
       	    	 3.  Temporary User will provide adequate access for
       maintenance of any utilities located within the easement.
      
       	    	      	   	     SIGNAL CENTERS/UCP
      
      
       	    	      	   	     BY:_________________________________
       	    	      	   	     	 
       ___________________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:_________________________________
       Date                               JON KINSEY, Mayor