An ordinance authorizing AmSouth Bank and 2000 PBL Venture, Ltd. to construct, install, and maintain ground and aerial encroachments, including signs, a skylight, planters, and other architectural and landscaping features, within the public sidewalk along Deaderick Street, Union Street, 3rd Avenue North, and 4th Avenue North (Proposal No. 2001M-103U-09), all of which is more particularly described herein.

WHEREAS: AmSouth Bank and 2000 PBL Venture, Ltd. plan to construct, install, and maintain ground and aerial encroachment, including signs, a skylight, planters, and other architectural and landscaping features within the public sidewalk area along Deaderick Street, Union Street, 3rd Avenue North, and 4th Avenue North; and

WHEREAS: AmSouth Bank and 2000 PBL Venture, Ltd. have 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 ground and aerial encroachments, including signs, skylight, planters and other architectural and landscaping features;

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, AmSouth Bank and 2000 PBL Venture, Ltd. are hereby granted the privilege to install, maintain, and construct both ground and aerial encroachments for the AmSouth Bank Plaza renovations located between Deaderick Street and Union Street, as follows: Seven (7) blade-style signs located entirely within the public sidewalk on Deaderick Street encroaching 14 feet in width by 7 feet in length by 25 feet in height replacing seven (7) street trees which will not be replaced; one (1) AmSouth sign above Deaderick building entrance encroaching 11 feet in width and 80 feet in length over the Deaderick Street sidewalk with the possibility of a skylight within the confines of the sign; planters and special pavers encroaching within sidewalk area in front of Deaderick Street building entrance; and planters and special pavers encroaching within the public sidewalk area on Union Street building entrance and at the corners of 3rd Avenue North/Union Street and 4th Avenue North/Union Street; 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 construction, installation, operation, and maintenance of the ground and aerial encroachments referred to in Section 1 above, and 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, or the right of the Metropolitan Government through its legislative body, in the interest of public necessity and convenience to order the relocation of said facilities at the expense of AmSouth Bank and 2000 PBL Venture, Ltd.

SECTION 3. That plans and specifications for said ground and aerial encroachments referred to in Section 1 above 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 AmSouth Bank and 2000 PBL Venture, Ltd.

SECTION 4. That construction and maintenance of said ground and aerial encroachments referred to in Section 1 above shall be under the direction and supervision and control of the Director of Public Works, and their installation, when completed, must be approved by said Director.

SECTION 5. That this Ordinance confers upon AmSouth Bank and 2000 PBL Venture, Ltd. a privilege and not a franchise, and the Mayor and the Metropolitan Council herein expressly reserve the right to repeal this Ordinance, whenever, in their judgment, a repeal may be demanded by public welfare, and such repeal shall confer no liability on The Metropolitan Government of Nashville and Davidson County, its successors and assigns, by reason of said repeal. In the event of such repeal by said Metropolitan Government, AmSouth Bank and 2000 PBL Venture, Ltd., their successors and assignees, shall remove said ground and aerial encroachments referred to in Section 1 above, at their own expense.

SECTION 6. AmSouth Bank and 2000 PBL Venture, Ltd. shall pay all cost incident to the construction, installation, operation and maintenance of said ground and aerial encroachments referred to in Section 1 above and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgments in any way connected with said construction, installation, operation and maintenance of said encroachments 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. AmSouth Bank and 2000 PBL Venture, Ltd. shall be responsible for the expense, if any, of repairing and returning the public sidewalk area affected by the ground and aerial encroachments referred to in Section 1 above to the condition which they were in prior to the installation of said ground and aerial encroachments and for any street closure.

SECTION 7. That the authority granted to AmSouth Bank and 2000 PBL Venture, Ltd. 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. 2000 PBL Venture, Ltd. 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 three hundred thousand ($300,000) dollars aggregate, for the payment of any judgment had on any claim, of whatever nature, made for actions or causes of action arising out of, or connected with, the construction of installation of said sign. 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 of AmSouth Bank and 2000 PBL Venture, Ltd., of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. That this Ordinance shall take effect immediately after its adoption, and after the posting of the insurance required in Section 8, with the Metropolitan Clerk, the public welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Ludye Wallace

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LEGISLATIVE HISTORY
Introduced:	March 19, 2002
Passed First Reading:	March 19, 2002
Referred to:	Planning Commission - Approved 7-0 (1/24/02) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	April 2, 2002
Passed Third Reading:	April 16, 2002
Approved:	April 17, 2002
By: