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An ordinance approving a temporary crane easement agreement between the Metropolitan Government of Nashville and Davidson County, through the Department of Water and Sewerage Services and Nashville Leased Housing Associates VI, LLLP. (Proposal No. 2026M-042AG-001).
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WHEREAS, Metro is the owner of that certain real property located at 2450 Buena Vista Pike, Parcel ID# 07010000700, (“Metro Property”); and,
WHEREAS, Developer is or will be the owner of that certain real property located at or around 0, 2500, and 2506 Buena Vista Pike, Parcel IDs# 07010000100, 07010000900, and 07010000200, (“Developer Property”); and,
WHEREAS, Developer desires to obtain a temporary aerial right-of-way and easement over certain portions of Metro Property for construction-related activities associated with the Developer Property (“Project”); and,
WHEREAS, one or more cranes will be located on the Developer Property, the aerial portion of which may from time to time swing across or remain stationary above the Metro Property during construction activities and may free-swing over the Metro Property while not in use (collectively, “Crane Swing”); and,
WHEREAS, Metro desires to grant to Developer a temporary aerial right-of-way and easement as provided herein and Developer desires to receive said temporary aerial right-of-way and easement.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Temporary Crane Easement Agreement, attached hereto and incorporated herein, between the Metropolitan Government of Nashville and Davidson County, through the Department of Water and Sewerage Services and Nashville Leased Housing Associates VI, LLLP, is hereby approved.
Section 2. Amendments to this legislation shall be approved by resolution.
Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance authorizes the granting of a temporary crane easement to Nashville Leased Housing Associates VI, LLLP (“Developer”), for property owned by the Metropolitan Government at 2450 Buena Vista Pike. Developer will use this temporary aerial right-of-way and easement to operate one or more cranes on neighboring property which may swing across or remain stationary above the property owned by the Metropolitan Government.
The easement will terminate upon the completion of the construction work or 24 months from the effective date, unless the agreement is extended by amendment.
Developer must install and operate the crane in a safe and prudent manner and comply with all relevant law. Developer must maintain commercial general liability insurance with a combined single limit of liability of at least $1,000,000. Developer must provide proof of insurance before any use of a crane over Metro property. No loaded boom, material, or load may traverse or hover over Metro property. Developer also must indemnify, defend and hold harmless Metro from any claims for bodily injury and property damages arising from the crane’s operation.