title
An ordinance approving a lease agreement by and between the Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Public Education and Municipal Communications III, LLC (Proposal No. 2025M-002AG-001).
body
WHEREAS, The Metropolitan Government of Nashville and Davidson County (“Metro”), acting by and through the Metropolitan Board of Public Education (“MNPS”), and Municipal Communications III, LLC desire to enter into an agreement for the lease of a portion of the parcel known as the Johnson Alternative Learning Center; and,
WHEREAS, Metro wishes to lease the Premises noted in the lease to Municipal Communications III, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The lease agreement between The Metropolitan Government of Nashville and Davidson County and Municipal Communications III, LLC, which is attached hereto and incorporated by reference, is hereby approved and the Directors of Schools and the Department of Public Property are authorized to execute the lease on behalf of the Metropolitan Government.
Section 2. Any amendment, change, or extension to the lease shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.
Section 3. That the Director of Schools shall have authority to approve any and all renovation and/or improvement projects presented by and for Municipal Communications III, LLC.
Section 4. 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 lease between Metropolitan Nashville Public Schools (“MNPS”) and Municipal Communications III, LLC for a portion of the parcel known as the Johnston Alternative Learning Center at 1200 2nd Avenue S. Municipal Communications will construct and operate a communication tower and related communications facilities at this site. The lease will cover 5,100 square feet of surface ground space, a maximum communications facility height of 150 feet, and access and utility easements. The monthly lease fee will be $2,000 in the first year and will increase three percent each year.
The lease begins upon the date of the last signature and will continue for a period of up to five years. The lease will automatically terminate if the construction of the communications facility does not occur prior to the end of the first five-year term. Municipal Communications has the right to extend the term of the lease for up to nine additional and success terms of five years each. The lease may be terminated upon 30 days written notice by MNPS.
Fiscal Note: Metropolitan Nashville School Public Schools (“MNPS”) will receive the initial lease fee of $2,000 monthly from Municipal Communications III, LLC. The lease fee will increase by three percent (3%) each year on the anniversary of the operations commencement date. MNPS will receive a one-time nonrefundable payment of $5,000 in consideration for the tenant’s lease during the development term and to reimburse MNPS for any administrative costs and legal fees incurred in conjunction with the negotiation and preparation of this lease.