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A resolution authorizing 901 MLK, LLC to construct and install an aerial encroachment at 901 Dr. Martin Luther King Jr. Blvd. (Proposal No. 2023M-018EN-001).
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WHEREAS, 901 MLK, LLC, plans to construct, install, and maintain upper floors of a building overhang onto YMCA Way, encroaching into the public right-of-way at 901 Dr. Martin Luther King, Jr. Boulevard; 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, 901 MLK, 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 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:
Section 1. That subject to the requirements, limitations and conditions contained herein, 901 MLK, LLC is hereby granted the privilege to construct and maintain an aerial encroachment as described in Proposal No. 2023M-018EN-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"), and attached hereto as "Exhibit B".
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachment under Proposal No. 2023M-018EN-001 shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or ordinance...
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