Subject: 21840/TmpUsg/N.RiverChristian/1675ShelbyCircle/BrickSign Date: Fri, 26 Jan 1990 10:12:00 -0500 RESOLUTION NO. 21840 A RESOLUTION AUTHORIZING NORTH RIVER CHRISTIAN CHURCH TO USE TEMPORARILY THE CITY'S RIGHT-OF- WAY AT 1675 SHELBY CIRCLE FOR LOCATING A BRICK SIGN ON A CONCRETE FOUNDATION, SUBJECT TO CERTAIN CONDITIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that North River Christian Church (hereinafter referred to as "Temporary User") be and is hereby permitted to use temporarily a 3-foot right-of-way at 1675 Shelby Circle for locating a brick sign on a concrete foundation which is expected to project 3 feet into the street right-of-way; 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: June 30, 1998 :cjc 0C INDEMNIFICATION AGREEMENT This Indemnification Agreement is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the "City"), and NORTH RIVER CHRISTIAN CHURCH (hereinafter "Temporary User"), this ____ day of _____________, 1998. For and in consideration of the granting of the temporary use of a 3-foot right-of-way at 1675 Shelby Circle for locating a brick sign on a concrete foundation which is expected to project 3 feet into the street right-of-way, 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. NORTH RIVER CHRISTIAN CHURCH BY:_________________________________ ____________________________ Date CITY OF CHATTANOOGA, TENNESSEE ____________________________ BY:_________________________________ Date JON KINSEY, Mayor