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A resolution authorizing Urban Music City Owner, LLC to construct and install an aerial encroachment at 127 Rosa L Parks Boulevard. (Proposal No. 2023M-016EN-001).
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WHEREAS, Wardens & Vestry of Christ Episcopal Church (Cathedral) Held Subject to the Charter, Constitution, and Canons of the Convention of the Protestant Episcopal Church of the Diocese of Tennessee, a corporation ("Christ Episcopal Church"), is the owner of the parcel of the property (the "Property") located at 127 Rosa L. Parks Boulevard; and,
WHEREAS, Urban Music City Owner, LLC is the ground lessee of the Property; and
WHEREAS, BL2020-392 authorized, among other things, the grant of an air rights easement and a temporary construction easement from the Metropolitan Government to Urban Music City Owner, LLC to permit construction, use, and maintenance of improvements above and in the margin of Alley No. 63; and
WHEREAS, Urban Music City Owner, LLC, plans to construct, install, and maintain a flagpole over a portion of a sidewalk, encroaching into the public right-of-way at the Property; and
WHEREAS, as set forth in the License Agreement for Private Encroachments Into the Public Right of Way, attached hereto as Exhibit A, and incorporated by reference, Christ Episcopal Church 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 aerial encroachment; and
WHEREAS, Metropolitan Code of Laws ?13.16.030(A) allows the Council of the Metropolitan Government of Nashville and Davidson County to grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way by resolution adopted by twenty-one (21) affirmative votes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
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