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An ordinance authorizing PR II/SH Peabody Union Apartments Owner, LLC to construct and install an underground encroachment at 30 Peabody Street (Proposal No. 2023M-022EN-001).
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WHEREAS, PR II/SH Peabody Union Apartments Owner, LLC plans to construct, install and maintain an underground parking garage closure slab, encroaching into the public right-of-way at 30 Peabody Street; 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, PR II/SH Peabody Union Apartments Owner, 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 ? 13.08.030 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, PR II/SH Peabody Union Apartments Owner, LLC is hereby granted the privilege to construct and maintain an underground encroachment, as described in Proposal No. 2023M-022EN-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 underground encroachment under Proposal No. 2023M-022EN-001, shall not be construed as a surrender by the Metropolitan Governmen...
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