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An ordinance authorizing Jemal's Honky Tonk LLC to construct, install, and maintain aerial, underground, and aboveground encroachments at 522, 524, and 532 4th Avenue South (Proposal No. 2023M-009EN-001).
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WHEREAS, Jemal's Honky Tonk LLC plans to construct, install, and maintain a subterranean parking garage, irrigation to tree wells, bike racks, an NES transformer vault, canopies, and signage, encroaching into the public right-of-way at 522 4th Avenue South, 524 4th Avenue South, and 532 4th Avenue South; 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 herein Jemal's Honky Tonk 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, underground, and aboveground encroachments; and,
WHEREAS, Metropolitan Code of Laws ? 13.08.030 allows the Council of the Metropolitan Government of Nashville and Davidson County to, by ordinance, grant encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That subject to the requirements, limitations and conditions contained herein, Jemal's Honky Tonk LLC is hereby granted the privilege to construct and maintain aerial, underground, and aboveground encroachments, as described in Proposal No. 2023M-009EN-001, in accordance with the plans on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT"), and attached hereto as Exhibit B.
Section 2. That the authority granted hereby for the construction, installation, operation, and...
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