Subject: 21789/TmpUsg/BigRiverBreweries/Sidewalk/Table&Chairs
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21789
                
                
                 A RESOLUTION AUTHORIZING BIG RIVER BREWERIES,
                 INC. TO USE TEMPORARILY THE SIDEWALK AT 222
                 BROAD STREET FOR PLACING A FEW TABLES AND
                 CHAIRS THEREON WITHOUT CAUSING INCONVENIENCE TO
                 SIDEWALK PEDESTRIANS, SUBJECT TO CERTAIN
                 CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Big River Breweries, Inc.
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily the sidewalk at 222 Broad Street for 

       placing a few tables and chairs thereon without causing
       inconvenience to 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:	 May 12, 1998
      
       :cjc
0C
      
      
                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and BIG RIVER BREWERIES, INC. (hereinafter "Temporary
       User"), this 12th day of May, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the sidewalk at 222 Broad Street for placing a
       few tables and chairs thereon without causing inconvenience to
       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.
      
       	    	      	   	     BIG RIVER BREWERIES, INC.
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	 
       May 13, 1998_______________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       5/19/98_____________________  
BY:s/_______________________________
       Date                               JON KINSEY, Mayor