RESOLUTION NO. RS2011-124
A resolution authorizing Park 25, LLC to install, construct and maintain an aerial encroachment in the right-of-way of Alley No. 923 (Proposal No. 2012M-002EN-001).
WHEREAS, Park 25, LLC plans to install, construct, and maintain an aerial encroachment of the right-of-way for a building over Alley No. 923, full width of alley for a length of 62 feet and 1 inch and minimum clearance for building overhang of 18 feet under Proposal No. 2012M-002EN-001; and
WHEREAS, Park 25, LLC has agreed to indemnify and hold harmless The Metropolitan Government of Nashville and Davidson County of any and all claims for damages of every nature and kind resulting from or arising from the installation of said encroachment under Proposal No. 2012M-002EN-001; and
WHEREAS, The Metropolitan Code of Laws 13.16.030(A) allows the Metropolitan Council to grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way by resolution adopted by twenty-one (21) affirmative votes.
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, Park 25, LLC is hereby granted the privilege to construct and maintain said encroachment under Proposal No. 2012M-002EN-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 Resolution.
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachment under Proposal No. 2012M-002EN-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 Park 25, LLC.
Section 3. That plans and specifications for said encroachment under Proposal No. 2012M-002EN-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 Park 25, LLC.
Section 4. That construction and maintenance of said Park 25, LLC under Proposal No. 2012M-002EN-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 Resolution confers upon Park 25, LLC a privilege and not a franchise and the Mayor and the Metropolitan Council herein expressly reserve the right to repeal this Resolution, whenever, in their judgment, a repeal may be demanded by the 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 the Metropolitan Government, Park 25, LLC, its successors and assigns, shall remove said encroachment at their own expense.
Section 6. That Park 25, LLC, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of the encroachment under Proposal No. 2012M-002EN-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 encroachment 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. Park 25, 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 encroachment and for any street or alley closure.
Section 7. That the authority granted to Park 25, 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. That Park 25, 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 encroachment. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the Metropolitan Government. 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 Park 25, LLC of all provisions of this Resolution shall be determined by the beginning of work.
Section 10. The authority granted pursuant to this Resolution 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 Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Edith Taylor Langster
Commission - Approved
Public Works Committee
Planning & Zoning Committee
|Introduced:||December 20, 2011|
|Adopted:||December 20, 2011|
|Approved:||December 21, 2011|