ORDINANCE NO. BL2015-1072

ORDINANCE NO. BL2015-1072

An ordinance authorizing Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC to install, construct, and maintain an aerial and underground encroachment into the public right-of-way for an entry canopy and electrified signage and for irrigation lines to serve tree pits and plantings along 11th Avenue South, 12th Avenue South and Pine Street (Proposal No. 2015M-008EN-001).

WHEREAS: Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC requests to install, construct, and maintain an underground and aerial encroachment into public right-of-way for an entry canopy and electrified signage and for irrigation lines to serve tree pits and plantings along 11th Avenue South, 12th Avenue South and Pine Street for “Thompson Hotel in the Gulch” under Proposal No. 2015M-008EN-001; and

WHEREAS: Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC’s plans for underground encroachments include irrigation lines to serve tree pits and plantings along 11th Avenue South, 12th Avenue South and Pine Street and

WHEREAS: Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC 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 encroachment under Proposal No. 2015M-008EN-001.

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 contained herein and in the attached License Agreement, Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC is hereby granted the privilege to construct and maintain said aerial and underground encroachments under Proposal No. 2015M-008EN-001 in accordance with the plans which are on file in the office of the Director of Public Works, and which are more particularly described by lines, words and figures on the attached sketches which are attached to and made a part of this Ordinance.

SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachments under Proposal No. 2015M-008EN-001 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 Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC.

SECTION 3. That plans and specifications for said encroachments under Proposal No. 2015M-008EN-001 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 installations shall be approved by the Director of Public Works prior to its use by Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC.

SECTION 4. That construction and maintenance of said Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC aerial and underground encroachments under Proposal No. 2015M-008EN-001 shall be under the direction, supervision, and control of the Director of Public Works, and its installation, when completed, must be approved by said Director.

SECTION 5. That this Ordinance confers upon Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC 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 Metropolitan Government, Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC, its successors and assigns, shall remove said encroachments at their own expense.

SECTION 6. Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC shall pay all costs incident to the construction, installation, operation and maintenance of said encroachments under Proposal No. 2015M-008EN-001 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 the construction, installation, operation, and maintenance of said encroachments under Proposal No. 2015M-008EN-001 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. Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC shall be responsible for the expense, if any, of repairing and returning the right-of-way to the condition which it was in prior to the installation of said encroachments and for any street closure.

SECTION 7. That the authority granted to Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC 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. Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC 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 two million ($2,000,000) 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 or installation of said encroachments. 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 Gulch Hotel Owner, LLC; AJ Berger Gulch Developer, LLC 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 Department of Public Works.

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.

LEGISLATIVE HISTORY
Introduced:	April 7, 2015
Passed First Reading:	April 7, 2015
Referred to:	Planning Commission Public Works Committee Planning & Zoning Committee
Passed Second Reading:	April 21, 2015
Passed Third Reading:	May 5, 2015
Approved:	May 6, 2015
By: