WHEREAS: Cook’s Pest Control plans to construct, install and maintain coring and underground termite treatment within the pubic sidewalks along Second Avenue North, Bank Street, and First Avenue North for the purpose of termite protection of the Washington Square Building, located at 214 and 222 Second Avenue North;

WHEREAS: W.S. Investment Holdings, L.P., the property owner of the Washington Square Building, 214 and 222 Second Avenue North, has executed a license agreement allowing Cook’s Pest Control to perform said work on its property, and it is the desire of the property owner that said encroachment be accomplished;

WHEREAS: W.S. Investment Holdings, L.P. has agreed to indemnify and hold The Metropolitan Government of Nashville and Davidson County harmless of any and all claims for damages of every nature and kind resulting from or growing out of the installation of said coring and termite treatment; and

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That subject to the requirements, limitations and conditions herein set forth, Cook’s Pest Control is hereby granted the privilege to install and maintain termite treatment, in accordance with the plans which are on file in the office of the Director of Public Works, and which, by reference, are made a part of this Ordinance.

SECTION 2. That the authority granted hereby for the installation and maintenance of the coring and termite treatment shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or ordinances regulating the use of its streets and public right-of-ways.

SECTION 3. That plans and specifications for said coring and termite treatment shall be submitted to the Director of Public Works of The Metropolitan Government of Nashville and Davidson County for approval before any work is begun; and all work, material, and other details of said installation shall be approved by the Director of Public Works prior to its use by Cook’s Pest Control.

SECTION 4. That prior to construction and installation of said coring and termite treatment, Cook’s Pest Control shall coordinate with Nashville Electric Service to verify the location of all existing utility lines within the public right-of-way.

SECTION 5. That construction and maintenance of said coring and termite treatment shall be under the direction and supervision and control of the Director of Public Works, and its installation, when completed, must be approved by said Director.

SECTION 6. W.S. Investment Holdings, L.P. shall pay all cost incident to the construction, installation, operation and maintenance of said coring and termite treatment, and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgements in any way connected with said construction, installation, operation and maintenance of said coring and termite treatment and shall not claim, set up or plead, as a defense, in the event of joint liability, with or without suit, that it and the Metropolitan Government were joint wrongdoers. W.S. Investment Holdings, L.P. shall be responsible for the expense, if any, of repairing and returning said public sidewalks to the condition which they were in prior to the installation of said coring and termite treatment.

SECTION 7. That the authority granted to Cook’s Pest Control as herein described, shall not in any way interfere with the rights of the Metropolitan Government, its agents, servants, and/or contractors and utility companies, operating under franchise from the Metropolitan Government to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and to do any and all things necessary and incidental thereto.

SECTION 8. W.S. Investment Holdings, L.P. shall be and it is hereby required to furnish The Metropolitan Government of Nashville and Davidson County a certificate of public liability insurance, naming the Metropolitan Government as an insured party, of at least five million ($5,000,000) dollars aggregate, for the payment of any judgement had on any claim, of whatever nature, made for actions or causes of action arising out of, or connected with, the construction or installation of said coring and termite treatment. Said certificate of insurance shall be filed with the Metropolitan Clerk prior to the granting of a permit, and the insurance required herein shall not be canceled without the insurance company or companies first giving thirty (30) days written notice to The Metropolitan Government of Nashville and Davidson County.

SECTION 9. That said construction shall be carefully guarded and protected and shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance by W.S. Investment Holdings, L.P. and Cook’s Pest Control, of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. The authority granted pursuant to this Ordinance shall not become effective until the certificate of insurance, as required in Section 8, has been posted with the Metropolitan Clerk.

SECTION 11. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.


Sponsored by: Ludye Wallace, Lawrence Hall, Jr.

LEGISLATIVE HISTORY
Introduced:	November 7, 2002
Passed First Reading:	November 7, 2002
Referred to:	Planning Commission - Approved 7-0 (10/10/02) Planning & Zoning Committee Public Works Committee
Passed Second Reading:	November 19, 2002
Passed Third Reading:	December 3, 2002
Approved:	December 9, 2002
By: