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A resolution authorizing First Watch Restaurants, Inc. to construct, install, and maintain an aerial encroachment at 211 Commerce Street (Proposal No. 2023M-003EN-001).
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WHEREAS, First Watch Restaurants, Inc., plans to construct, install and maintain an aerial encroachment, under Proposal No. 2023M-003EN-001, at 211 Commerce Street; and,
WHEREAS, Proposal No. 2023M-003EN-001 is comprised of two flip-up windows, encroaching upon the space above the public sidewalk on 3rd Avenue North and the public right of way on property located at 211 Commerce Street; and,
WHEREAS, First Watch Restaurants, Inc., 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 under Proposal No. 2023M-003EN-001; 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, First Watch Restaurants, Inc. is hereby granted the privilege to construct and maintain said aerial encroachment 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"), and which are more particularly described by lines, words and figures on the attached sketches which are attached to and made a part of this Resolution.
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance...
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