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An ordinance authorizing Cannery Owner, LLC; Cannery Owner Investment I LLC to install, construct and maintain encroachments in the right of way located at 521A 8th Avenue South and 1 Cannery Row. (Proposal No. 2023M-007EN-001).
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WHEREAS, Cannery Owner, LLC; Cannery Investment I LLC, plans to construct, install and maintain an encroachment, under Proposal No. 2023M-007EN-001, at 521A 8th Avenue South and 1 Cannery Row; and,
WHEREAS, Proposal No. 2023M-007EN-001 is comprised of exterior renovations to portions of existing and replacement egress door outward swing, stairs and ramps on 1 Cannery lot, along with existing shared loading dock, portion of dock on 1 Cannery lot encroaching the public right-of-way on property located at 521A 8th Avenue South; and,
WHEREAS, Cannery Owner, LLC; Cannery Investment I 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 arising from the installation of said encroachments under proposal No. 2023M-007EN-001; and,
WHEREAS, Metropolitan Code of Laws Section 13.08.030 allows the Council of the Metropolitan Government of Nashville and Davidson County to by ordinance grant encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk or other public way.
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, Cannery Owner, LLC; Cannery Investment I LLC is hereby granted the privilege to construct and maintain said encroachments under proposal No. 2023M-007EN-001, in accordance with the plans which are on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”), 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. 2023M-007EN-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 Cannery Owner, LLC; Cannery Investment I LLC.
Section 3. That plans and specifications for said encroachments under proposal No. 2023M-007EN-001 shall be submitted to the Director of NDOT for approval before any work is begun; and all work, material, and other details of said installation shall be approved by the Director of NDOT prior to its use by Cannery Owner, LLC; Cannery Investment I LLC.
Section 4. That construction and maintenance of said encroachments under proposal No. 2023M-007EN-001shall be under the direction, supervision and control of the Director of NDOT, and its installation, when completed, must be approved by said Director.
Section 5. That this Ordinance confers upon Cannery Owner, LLC; Cannery Investment I 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, Cannery Owner, LLC; Cannery Investment I LLC its successors and assigns, shall remove said encroachment at their own expense.
Section 6. Cannery Owner, LLC; Cannery Investment I LLC, its successors and assigns, shall pay all cost incident to the construction, installation, operation and maintenance of said encroachments under proposal No. 2023M-007EN-001and 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 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. Cannery Owner, LLC; Cannery Investment I LLC, its successors and assigns, 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 Cannery Owner, LLC; Cannery Investment I 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. Cannery Owner, LLC; Cannery Investment I LLC, shall and 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 encroachment. Said certificate of insurance shall be filed with the Metropolitan Clerk and NDOT 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 Cannery Owner, LLC; Cannery Investment I 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 Metropolitan Clerk and NDOT.
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.
Agenda Analysis
Analysis
This ordinance authorizes Cannery Owner, LLC; Cannery Investment I LLC to install, construct, and maintain encroachments in the right-of-way located at 521A 8th Avenue South and 1 Cannery Row. The applicant must indemnify the Metropolitan Government from all claims in connection with the construction and maintenance of the encroachments and is required to post a certificate of public liability insurance in the amount of $2,000,000 with the Metropolitan Clerk naming the Metropolitan Government as an insured party.
This ordinance has been approved by the Planning Commission.