Subject: 21850/TmpUsg/BobbyFryarTruckingCo/36thStr-BrannonStr
Date: Fri, 26 Jan 1990 10:12:00 -0500


                              RESOLUTION NO. 21850
                
                
                 A RESOLUTION AUTHORIZING BOBBY FRYAR TRUCKING
                 COMPANY, INC. TO USE TEMPORARILY A PORTION OF
                 THE CITY'S RIGHT-OF-WAY AT 36TH STREET, MORE
                 PARTICULARLY DESCRIBED HEREIN, FOR EMPLOYEE
                 PARKING, SUBJECT TO CERTAIN CONDITIONS.
                
                
                                                    
                
                
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, that Bobby Fryar Trucking Company, Inc.
       (hereinafter referred to as "Temporary User") be and is hereby
       permitted to use temporarily a 150-foot x 40-foot portion of 36th 

       Street right-of-way starting at a point 150 feet to the west of
       Brannon Street for the purpose of providing employee parking;
       	    	 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:	 July 14, 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 BOBBY FRYAR TRUCKING COMPANY, INC. (hereinafter
       "Temporary User"), this 14th day of July, 1998.
       	    	 For and in consideration of the granting of the
       temporary use of a 150-foot x 40-foot portion of 36th Street
       right-of-way starting at a point 150 feet to the west of Brannon
       Street for the purpose of providing employee parking, 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.
      
       	    	      	   	     BOBBY FRYAR TRUCKING COMPANY, INC.
      
      
       	    	      	   	     BY:/s/______________________________
       	    	      	   	     	 
       7-20-98______________________ 	 
       Date
      
      
       	    	      	   	     CITY OF CHATTANOOGA, TENNESSEE
      
      
       ____________________________  
BY:/s/______________________________
       Date                               JON KINSEY, Mayor