ORDINANCE NO. BL2015-1295

ORDINANCE NO. BL2015-1295

An Ordinance authorizing NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, to install, construct and maintain underground encroachments in the right-of-way along 1701 Broadway, 1707 Broadway, 115 17th Avenue South, and 119 17th Avenue South (Proposal No. 2015M-015EN-001).

WHEREAS: NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, plans to install, construct and maintain underground encroachment for benches, bike racks and pedestrian lights encroaching the public right-of-way along 1701 Broadway, 1707 Broadway, 115 17th Avenue South, and 119 17th Avenue South under Proposal No. 2015M-015EN-001; and

WHEREAS: NGI Acquisitions, LLC dba Skyhouse Nashville, 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 structural encroachments under Proposal No. 2015M-015EN-001; 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 contained herein and in the attached License Agreement NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, is hereby granted the privilege to construct and maintain said structural encroachments under Proposal No. 2015M-015EN-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 structural encroachments under Proposal No. 2015M-015EN-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 NGI Acquisitions, LLC dba Skyhouse Nashville, LLC.

SECTION 3. That plans and specifications for said structural encroachments under Proposal No. 2015M-015EN-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 installation shall be approved by the Director of Public Works prior to its use by NGI Acquisitions, LLC dba Skyhouse Nashville, LLC.

SECTION 4. That construction and maintenance of said encroachments by NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, under Proposal No. 2015M-015EN-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 NGI Acquisitions, LLC dba Skyhouse Nashville, 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, NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, its successors and assigns, shall remove said encroachments at their own expense.

SECTION 6. NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of structural encroachments under Proposal No. 2015M-015EN-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 structural 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. NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, its successors and assigns, shall be responsible for the expense, if any, of repairing and returning right-of-way to the condition which it was in prior to the installation of said structural encroachments, and for any street closure.

SECTION 7. That the authority granted to NGI Acquisitions, LLC dba Skyhouse Nashville, 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. NGI Acquisitions, LLC dba Skyhouse Nashville, LLC, shall be and it is hereby required to furnish The Metropolitan Government of Nashville and Davidson County a certificate of commercial general 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, installation, operation and maintenance of said encroachments. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Metro. 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 NGI Acquisitions, LLC dba Skyhouse Nashville, 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:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Passed Second Reading:	July 21, 2015
Passed Third Reading:	August 4, 2015
Approved:	August 10, 2015
By: