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An ordinance approving a temporary license agreement related to construction of a Stones River - Opry Mills greenway connector trail.
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WHEREAS, pursuant to BL2022-1275, the Metropolitan Government accepted a conservation easement (the “Easement”) on land comprising a portion of the Opry Mills Mall property (the “Property”); and,
WHEREAS, the Easement is to be used for a Stones River - Opry Mills greenway connector trail (the “Project”); and,
WHEREAS, construction of the Project will require the temporary use of additional portions of the Property; and,
WHEREAS, the owner of the Property proposes to permit its temporary use for construction of the Project in accordance with the terms of the agreement (the “Agreement”) attached as Exhibit 1 to this ordinance.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The execution and delivery of the Agreement (Exhibit 1) by the Metropolitan Director of Public Property is hereby approved.
Section 2. The Metropolitan Mayor or designee is authorized to execute such additional reasonable and customary documents as necessary to carry out the intent of this ordinance.
Section 3. 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 approves a temporary license agreement related to construction of a greenway connector trail between the Stones River and Opry Mills.
The Metropolitan Government (“Metro”) accepted a conservation easement on a portion of the property owned by Opry Mills Mall Limited (“Opry Mills”) through Ordinance No. BL2022-1275. The easement is to be used for this greenway, and Metro will require temporary use of other parts of the Opry Mills property for construction.
The agreement would provide Metro a license and right of access to the Opry Mills property to: (1) construct, landscape, and provide erosion control, (2) load and unload materials and equipment, (3) construct a temporary staging area, and (4) perform restoration work. Metro would protect, indemnify, save, and hold harmless Opry Mills. Metro would require its contactors to procure and provide certificates of insurance of no less than $3,000,000 of general liability insurance, $1,000,000 of workers compensation insurance, and $1,000,000 of commercial auto liability insurance.
The term of this agreement would begin when Opry Mills receives the necessary certificates of insurance or written confirmation that Metro is self-insuring, written notice from Metro at least 30 days before Metro enters Opry Mills property, and a copy of a project construction schedule. The agreement will terminate in two years, upon termination of the agreement, or upon notice that Metro’s work is complete, whichever is earliest.
Fiscal Note: There is no cost to Metro for the performance of this agreement.