Subject: 21771/TmpUsg/EnglishRose/1401Market/Table&Chairs
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21771
                
                
                 A RESOLUTION AUTHORIZING THE ENGLISH ROSE TO
                 USE TEMPORARILY THE SIDEWALK AT 1401 MARKET
                 STREET FOR THE PURPOSE OF KEEPING UP TO THREE
                 (3) TABLES AND A FEW CHAIRS, MORE PARTICULARLY
                 DESCRIBED HEREIN, SUBJECT TO CERTAIN
                 CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that The English Rose (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily the sidewalk at 1401 Market Street for the purpose of 

       keeping up to three (3) tables and a few chairs for use of the
       customers of The English Rose, leaving enough room for movement 
of
       sidewalk pedestrians;
       	    	 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 28, 1998
      
       :cjc
0C
      
      
                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and THE ENGLISH ROSE (hereinafter "Temporary User"), 
this
       28th day of April, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the sidewalk at 1401 Market Street for the
       purpose of keeping up to three (3) tables and a few chairs for 
use
       of the customers of The English Rose, leaving enough room for
       movement of sidewalk pedestrians, 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.
      
       	    	      	   	     THE ENGLISH ROSE
      
      
       	    	      	   	     BY:s/______________________________
       	    	      	   	     	 
       April 30, 1998              
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       April 30, 1998                BY:s/______________________________
       Date                               JON KINSEY, Mayor