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File #: RS2021-771    Name:
Type: Resolution Status: Passed
File created: 2/4/2021 In control: Metropolitan Council
On agenda: 2/16/2021 Final action: 2/16/2021
Title: A resolution authorizing Midtown Hotel Partners, LLC to construct and install an aerial encroachment at 109 29th Avenue North (Proposal No.2021M-003EN-001).
Sponsors: Brandon Taylor, Kathleen Murphy, Bob Nash
Attachments: 1. RS2021-771 agreement and sketch, 2. RS2021-771 certificate of insurance
title
A resolution authorizing Midtown Hotel Partners, LLC to construct and install an aerial encroachment at 109 29th Avenue North (Proposal No.2021M-003EN-001).
body
WHEREAS, Midtown Hotel Partners, LLC, plans to construct, install and maintain an aerial encroachment, under Proposal No. 2021M-003EN-001, at 109 29th Avenue North; and,
WHEREAS, Proposal No. 2021M-003EN-001 is comprised of two awnings encroaching the public right-of-way on property located at 109 29th Avenue North; and,
WHEREAS, Midtown Hotel Partners, 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 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 and in the attached encroachment agreement, Midtown Hotel Partners, LLC 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 Public Works, 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 of said aerial encroachment shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or ordin...

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