Subject: 21773/TempUsage/ElectricSubmarine/Sign
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO.  21773
                
                
                 A RESOLUTION GRANTING ELECTRIC SUBMARINE, 507
                 BROAD STREET, TEMPORARY USAGE FOR HANGING A
                 THREE FOOT (3') DIAMETER CIRCULAR DOUBLE-SIDED
                 NEON SIGN OVER THE FRONT ENTRANCE AT THIS
                 LOCATION, ENCROACHING THREE FEET (3') INTO THE
                 SIDEWALK, WITH A NINE FOOT (9') CLEARANCE ABOVE
                 THE SIDEWALK ELEVATION, SUBJECT TO CERTAIN
                 CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Electric Submarine (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily the sidewalk of Broad Street for the hanging of a
       3-foot diameter, double-sided neon sign over the front entrance 
at
       507 Broad Street, encroaching 3 feet into the sidewalk, with a
       9-foot clearance above the sidewalk elevation;
       	    	 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
       sign inspector and obtain all necessary sign permits, variations, 

       or other requirements prior to the commencement of construction.
      
       ADOPTED:	 April 28, 1998
      
       :kal
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and ELECTRIC SUBMARINE (hereinafter "Temporary User"),
       this 28th day of April, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the sidewalk at 507 Broad Street for hanging a 
3'
       diameter circular double-sided neon sign over the front entrance, 

       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.
      
       	    	      	   	     ELECTRIC SUBMARINE
      
      
       	    	      	   	     BY:/s/______________________________
       	    	      	   	     	 
       5/1/98_____________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
       April 30, 1998_____________   
BY:/s/______________________________
       Date                               JON KINSEY, Mayor