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A resolution authorizing BPH Fund II, LLC to construct and install an aerial encroachment at 419 Broadway (Proposal No. 2023M-011EN-001).
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WHEREAS, BPH Fund II, LLC, plans to construct, install and maintain an aerial encroachment, under Proposal No. 2023M-011EN-001, at 419 Broadway; and,
WHEREAS, Proposal No. 2023M-011EN-001 is comprised of one illuminated projecting sign at 46 square feet, encroaching the public right-of-way on property located at 419 Broadway; and,
WHEREAS, BPH Fund II, 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, as set forth in the License Agreement for Private Encroachments Into the Public Right of Way, attached hereto a "Exhibit A", and incorporated by reference herein; 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, BPH Fund II, 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 the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") (formerly known as the "Metropolitan Department of Public Works"), and which are attached hereto as "Exhibit B" and incorporated by reference herein.
Section 2. That the authority granted hereby for the construction, installation, operation, and main...
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