ORDINANCE NO. BL2020 - 201

An Ordinance authorizing Green Hills Mall TRG, LLC to install, construct and maintain underground encroachments in the right-of­way, located at 2130 Abbott Martin Road. (Proposal No. 2020M-004EN-001 ).

WHEREAS, Green Hills Mall TRG, LLC plans to install, construct and maintain underground encroachments, comprised of a cable rail structure, in the right-of-way of 2130 Abbott Martin Rd, under proposal No. 2020M-004EN-001; and,

WHEREAS, Green Hills Mall TRG, 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. 2020M-004EN-OO 1.

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, the Green Hills Mall TRG, LLC is hereby granted the privilege to construct and maintain said encroachments under proposal No. 2020M-004EN-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. 2020M-004EN-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 Green Hills Mall TRG, LLC.

Section 3. That plans and specifications for said encroachments under proposal No. 2020M-004EN-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 Green Hills Mall TRG, LLC.

Section 4. That construction and maintenance of said encroachment under proposal No. 2020M-004EN-001 shall be under the direction, supervision and control of the Director of Public Works, and its installation, when complete, must be approved by said Director.

(NOJ282 18 11 D-20-09180

Section 5. That this Ordinance confers upon Green Hills Mall TRG, 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, Green Hills Mall TRG, LLC, its successors and assigns, shall remove said encroachment at their own expense.

Section 6. Green Hills Mall TRG, LLC, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of said encroachments under proposal No. 2020M-004EN-OOI 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 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. Green Hills Mall TRG, 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 Green Hills Mall TRG, 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. Green Hills Mall TRG, 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 the Department of Public Works 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 Green Hills Mall TRG, 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.

{!'10328218 11 D-20-09180

•

Electronic Signature Page

(Attach to Legislation Pursuant to Rule 8 of the Council Rules of Procedure)

Russ Pulley Councilman, District 25

Electronic Signature Page

(Attach to Legislation Pursuant to Rule 8 of the Council Rules of Procedure)

Kathleen Murphy

Councilmember, District 24

•

Electronic Signature Page

(Attach to Legislation Pursuant to Rule 8 of the Council Rules of Procedure)

Angie Henderson Councilmember, District 34

-

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.

RECOMMENDED BY:

~LLS6.£--f Mark Sturtevant, Director Department of Public Works

APPROVED AS TO FORM AND LEGALITY:

(N0328218-I}

INTRODUCED BY:

D-20-09180

Proposal No. 2020M-004EN-001

(!'<0328218 I} D-20-09180

Cll.d: 1M TMJaC.Olll

ACORD. CERTIFICATE OF LIABILITY INSURANCE --1w111a1• TIU c:t!llmFll:All ...... 14 A IIMT191 OF WOIIIMnott ONLY UD COllf'al NO MHIW ""'°" l1II cam..u.n flOLDlll ntl ClllfflP'IC:ATI OCEI IIOt -,FINIMllWIL 'f 0.- .. GATM!LY Na!ID. U1DO Oil M.f !ll JHf coYnMI /l#P'OIIOBI l!l'f ntl! ,ouQ!t MUM'. TI1tl C8ffll'ICA1'£ 0, NIIIUHCf DOfill NOT coi.mul'I! A COflTIIACT llltTWl!l!N l'IC ._,.. .......... ~ IIIEJ ,.,_,ff ATME Oil PIIOOIICl!II, MID '!He c:eftN'ICAT! ttaUM!lt WPGiiilwl!l' ... 6ii'iW .. llllilTliil..otililbliliL'WIIUlll!D. a.lNRir,lloal• ... r..........._YlllUOaifflt#iMWa~ N-MdoeMllllftl _, .. ,...,,_.. ,.._ .. ,._,.._ .. ___ A-Nlha ,_.._ .._ _ _....,._ .... _._Mlllff .... .,_,, ...... _~

8-har ca,1- 1Nw-11¥ca 7IIOMl,.acS-11Nfdman, °" .. ,1 a•1a .. ,n

ilO

_Ill.• DD ffl. ill1 ::r.l,. '4 J3D 72Utn -.. .. ~,,--~ .. - ~ - - - -- 1· ""~ ·

·-·-·- iiih ------·+-- ---- I ._ HIii llt11U TllQ, U.C TIie T..._,. CelllclMr, LlC 20I EHt Lono Lau RoM BloOl'l'lftlld HIii. .. Gl04

I

I -c. --•••a ......... -. ..

Clltm - ~t 1 otl ~ oo;:,-1 - 111!:!l~ l'O -Ctl'ITP'C.,.~ .... 111! -0 NIW l"l!IO'-. N!5IAIINCI: •rl'CftSI 11T -~ "Ill«:~ D!IY.IIIRD - S ,. eac• TD Dl:U801R .,., COMJITIOIIII or "°' l'UI.IZS lMT9 - - Mot! !IE!r,I ~o..cm ... .. ColNUS --1acaonm

l[

[ xJ X tlfll; S•Ot.Otl

"-Tl

_ _Li~ .... ~..-JIY

••• 1 . ,&

111.Mwl. $ •-o.r.-t gf .......-.. o..,.._ Coulllf ~~&CII .... CIO

---- 8nlW IN¥111on J22 Jnt lwenue lilal1k. ... net NMllwllll, TII 17201

. J.IO.OOI ti ,1 . .11111.1111 .Z,OOUII !l.Oot.OII •1u,uoo

'·

f ,~ L• - • 'u1.(• j ~ • • ~ "'- r\l ..

tlL • _,

Mat1.b - tw-- --~Ole .. C:-.:au&I •FOIII ~ -IIOlt Nit IHMMf. ltOIIICI ~ • D~ 111 -QI - T-. ~ --·

0 1-.iottA~lll>C~llCN AMnd'f1,-o1Ctw1D 3' IJlttMJ! 1 Gf 1' ,.. ~ ._ ... "-1,t ... ~ _., -1 AOOflO

... aNMtr.U M®U

{N032&211. I} D-20-09180

.,,.,_ ........ ----

(I I if ,~1 J • 1 J , z~

C

~ I It

•C

i 'ifi I I I ' '

I . . I ' . I ' . I . I

CABLE BARRIER EXHIBIT THE MALL AT GREEN HILLS • PHASE 3A / 38

MALL EXPANSION CONSTRUCTION PlANS

.,. '-j I I II I r--~~~ 1 I, I ,_,_' .

: ~,- :: = = = = = = = = = = = = = = = = I,;, ,,, n------Q I I I I

g•

~ 1'

· ~

·· .. ~

I I l

LJ

BWSCI~-------------.. -·U--12 ·-------- ·---------·-------------- ---·----·-----