Subject: 21804/TmpUsg/RothwellEnter/138Market/Awning
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21804
                
                
                 A RESOLUTION AUTHORIZING ROTHWELL ENTERPRISES
                 TO USE TEMPORARILY THE SECOND STREET SIDEWALK
                 AT 138 MARKET STREET, MORE PARTICULARLY
                 DESCRIBED HEREIN, FOR INSTALLING AN AWNING,
                 SUBJECT TO CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Rothwell Enterprises (hereinafter
       referred to as "Temporary User") be and is hereby permitted to 
use
       temporarily the Second Street sidewalk at 138 Market Street
       (intersection of Market Street at Second Street) for attaching an 

       awning 9'-6" long and 3'-6" wide over the entrance from Second
       Street, which will project 2 feet onto the Second Street 
sidewalk;
       	    	 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
       City Engineer and City Traffic Engineer prior to the commencement 

       of construction.
      
       ADOPTED:	 May 26, 1998
      
       :cjc
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                           INDEMNIFICATION AGREEMENT
      
      
       	    	 This Indemnification Agreement is entered into by and
       between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the
       "City"), and ROTHWELL ENTERPRISES (hereinafter "Temporary User"), 

       this 26th day of May, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of the Second Street sidewalk at 138 Market Street
       (intersection of Market Street at Second Street) for attaching an 

       awning 9'-6" long and 3'-6" wide over the entrance from Second
       Street, which will project 2 feet onto the Second Street 
sidewalk,
       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.
      
       	    	      	   	     ROTHWELL ENTERPRISES
      
      
       	    	      	   	     BY:s/_______________________________
       	    	      	   	     	 
       5-28-98____________________   	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ___________________________   
BY:s/_______________________________
       Date                               JON KINSEY, Mayor