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An ordinance authorizing SOBRO I Apartments LLC to construct and install aerial and underground encroachments at 825 6th Avenue South (Proposal No. 2022M-029EN-001).
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WHEREAS, SOBRO I Apartments LLC plans to construct, install and maintain bike racks, irrigation, tree wells, soil cells at tree wells, tree grates at tree wells, and above-grade balcony overhang, encroaching into the public right-of-way at property located at 825 6th 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, SOBRO I Apartments 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 and underground 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, SOBRO I Apartments LLC is hereby granted the privilege to construct and maintain said aerial and underground encroachments as described in Proposal No. 2022M-029EN-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 maintenance of said aerial and underground encroachments under Proposal No. 2022M-029EN-001, sha...
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