Subject: 21781/TmpUsg/SignalVoice/21stStreetSidewalk/Sign Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 21781 A RESOLUTION AUTHORIZING SIGNAL VOICE AND DATA TO USE TEMPORARILY THE SIDEWALK ON 21ST STREET, APPROXIMATELY ONE HUNDRED (100) FEET FROM BROAD STREET, MORE PARTICULARLY DESCRIBED HEREIN, FOR INSTALLING A BUSINESS SIGN, SUBJECT TO CERTAIN CONDITIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Signal Voice and Data (hereinafter referred to as "Temporary User") be and is hereby permitted to use temporarily the sidewalk on 21st Street, approximately 100 feet from Broad Street, on the north side of Signal Voice and Data office building located on 21st at Broad Street, for hanging a business sign from a welded arm attached to a vertical pole; 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: May 5, 1998 :cjc 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and SIGNAL VOICE AND DATA (hereinafter "Temporary User"), this 5th day of May, 1998. For and in consideration of the granting of the temporary use of the sidewalk on 21st Street, approximately 100 feet from Broad Street, on the north side of Signal Voice and Data office building located on 21st at Broad Street, for hanging a business sign from a welded arm attached to a vertical pole, 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. SIGNAL VOICE AND DATA BY:s/_______________________________ 5/19/98_____________________ Date CITY OF CHATTANOOGA, TENNESSEE 5/9/98______________________ BY:s/_______________________________ Date JON KINSEY, Mayor