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A resolution approving Amendment 1 to an agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, and Legacy South Builders, LLC, to extend the term of the agreement for a period of three months.
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WHEREAS, RS2026-1946 approved an agreement on May 8, 2026, between The Metropolitan Government of Nashville and Davidson County (“Metro”) and Legacy South Builders, LLC (“Developer”) for Metro to participate with Developer on the Broadmoor Offsite Sewer, known as Project No. 25-SL-120; and,
WHEREAS, Paragraph 2 Section D of the agreement specifies that the agreement will be null and void if the improvements are not operational by December 1, 2026; and,
WHEREAS, Metro and Developer wish to extend the term of the current agreement for a period of three (3) months to March 1, 2027; and,
WHEREAS, Amendment 1, attached hereto and incorporated herein, extends the term of the agreement three (3) months to March 1, 2027; and,
WHEREAS, the extension is needed for Developer to complete the construction of the improvements; and,
WHEREAS, BL2022-1214 authorizes the Metropolitan Department of Water and Sewerage Services to enter into participation agreements funding infrastructure with developers by resolution of the Metropolitan Council.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Amendment 1 to an agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, and Legacy to extend the term of the agreement for a period of three months to March 1, 2027, attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.
Section 2. That this resolution 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 resolution approves the first amendment to a participation agreement between the Metropolitan Department of Water and Sewerage Services (“MWS”) and Legacy South Builders, LLC to provide public sanitary sewer service improvements for Legacy South Builders’ proposed development and existing properties nearby. The participation agreement was approved by Council through RS2026-1946.
The proposed amendment extends the end date of the contract from December 1, 2026, to March 1, 2027.
Ordinance No. BL2022-1214 allows for participation agreements to be approved by resolution of the Metropolitan Council.
Fiscal Note: This amendment extends the term of the agreement to March 1, 2027 and there is no change to Metro’s share of the project cost.