Subject: 21763/TmpUsg/REGISCorp/BusinessSign Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 21763 A RESOLUTION AUTHORIZING REGIS CORPORATION TO USE TEMPORARILY THE CITY'S SEWER EASEMENT FOR INSTALLING A BUSINESS SIGN AT 4310 DISTRIBUTION DRIVE APPROXIMATELY TWENTY (20) FEET FROM THE EDGE OF THE PAVEMENT, SUBJECT TO CERTAIN CONDITIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that REGIS Corporation (hereinafter referred to as "Temporary User") be and is hereby permitted to use temporarily the City's sewer easement for installing a business sign at 4310 Distribution Drive approximately twenty (20) feet from the edge of the pavement; 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 21, 1998 :cjc 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and REGIS CORPORATION (hereinafter "Temporary User"), this 21st day of April, 1998. For and in consideration of the granting of the temporary use of the City's sewer easement for installing a business sign at 4310 Distribution Drive approximately twenty (20) feet from the edge of the pavement, 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. 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. REGIS CORPORATION BY:_______________________________ ___________________________ Date CITY OF CHATTANOOGA, TENNESSEE 4/22/98____________________ BY:s/_______________________________ Date JON KINSEY, Mayor