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A resolution approving a license agreement between the Metropolitan Government and the State of Tennessee relating to the use of certain space beneath the Broadway bridge spanning the Gulch.
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WHEREAS, pursuant to BL2018-1442, the Metropolitan Council approved several agreements relating to the development of the Nashville Yards project, including a license agreement (the “Initial Agreement”) for the use of certain space (the “Licensed Space”) beneath the Broadway bridge spanning the Gulch; and,
Whereas, pursuant to the terms of the agreement (the “State Agreement”) attached to this Ordinance as Exhibit 1, the State of Tennessee, acting through its Department of Transportation, proposes to authorize the use of the Licensed Space, which will give the Initial Agreement full effect; and,
WHEREAS, approval of the State Agreement would benefit the citizens of Nashville and Davidson County.
Now, therefore be it ENACTED by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1. That the State Agreement (Exhibit 1) is hereby approved, and the Metropolitan Mayor is authorized to execute it.
Section 2. Any amendments, renewals, or extension of the terms of the State Agreement may be approved by resolution of the Metropolitan Council.
Section 3. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution approves a license agreement between the Metropolitan Government and the State of Tennessee relate to the use of certain space beneath the Broadway bridge in the Gulch.
Ordinance No. BL2018-1442 approved several agreements related to the development of the Nashville Yards project, including a license agreement the use of certain space, referred to as the “licensed space”, beneath the Broadway bridge spanning the Gulch. Under this license agreement, the State would grant permission to Metro to maintain and operate as publicly open space the licensed space to provide connectivity beneath the Broadway bridge. Metro would not be allowed to disturb the asbestos containing utility conduits on the premises. Metro would be required to use the licensed space for a public use purpose, and the license could be cancelled if the space is no long used for a public use by Metro.
This would be a 10 year, renewable license. If the licensed space is needed for a transportation project, Metro would be required to remove any improvements and surrender all rights and privileges within 60 days written notice from the State. The State could terminate the license upon 60 days written notice to Metro.
Fiscal Note: There is no cost for the license fee to Metro for the public use purpose under this agreement. Metro will be responsible for maintenance and operation of the improvements.