File #: RS2023-36    Name:
Type: Resolution Status: Passed
File created: 9/15/2023 In control: Metropolitan Council
On agenda: 10/3/2023 Final action: 10/3/2023
Title: A resolution authorizing 714-730 Main Street OZ, LLC to construct and install aerial encroachments at 730 Main Street (Proposal No. 2023M-014EN-001).
Sponsors: Clay Capp, John Rutherford, Sean Parker
Attachments: 1. Exhibits
title
A resolution authorizing 714-730 Main Street OZ, LLC to construct and install aerial encroachments at 730 Main Street (Proposal No. 2023M-014EN-001).
body
WHEREAS, 714-730 Main Street OZ, LLC, plans to construct, install, and maintain aerial encroachments, under Proposal No. 2023M-014EN-001, at 730 Main Street; and,
WHEREAS, Proposal No. 2023M-014EN-001 is comprised of the installation of unenclosed balconies on the 3rd, 4th, and 5th floors, encroaching the public right-of-way on property located at 730 Main Street; and,
WHEREAS, 714-730 Main Street OZ, LLC, 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 encroachments, as set forth in the License Agreement for Private Encroachments Into the Public Right of Way, attached hereto a "Exhibit A", and incorporated by reference herein; 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:
Section 1. That subject to the requirements, limitations and conditions contained herein, 714-730 Main Street OZ, LLC is hereby granted the privilege to construct and maintain said aerial encroachments under Proposal No. 2023M-014EN-001, in accordance with the plans which are on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") (formerly known as the "Metropolitan Department of Public Works"), and which are attached hereto as "Exhibit B" and incorporated by reference h...

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