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A resolution authorizing GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, to construct and install aerial encroachments at 1810 Broadway and 110 19th Avenue (Proposal No. 2022M-036EN-001).
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WHEREAS, GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, plan to construct, install and maintain balcony overhangs on Alley 383, metal canopy overhangs on Broadway, and a blade sign on Broadway, encroaching into the public right-of-way on property located at 1810 Broadway and 110 19th Avenue; and,
WHEREAS, as set forth in the License Agreements for Private Encroachments Into the Public Right of Way, attached collectively hereto as Exhibit A, and incorporated by reference, GS Nashville Hotel Owner, LLC and GS 19th and Broadway Apartments, LLC, have 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 encroachments; 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, GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, are hereby granted the privilege to construct and maintain aerial encroachments as described in Proposal No. 2022M-036EN-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 encroachments shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or ordinances regulating the use of its streets, or the right of the Metropolitan Government through its legislative body, in the interest of public necessity and convenience to order the relocation of said facilities at the expense of GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC.
Section 3. That construction and maintenance of said aerial encroachments under Proposal No. 2022M-036EN-001 shall be under the direction, supervision, and control of the Director of NDOT, and its installation, when completed, must be approved by said Director.
Section 4. That this Resolution confers upon GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC, by and through its subsidiary, GS 19th and Broadway Apartments, LLC, a privilege and not a franchise, and the Mayor and the Metropolitan Council herein expressly reserve the right to repeal this Resolution, whenever, in their judgment, a repeal may be demanded by public welfare, and such repeal shall confer no liability on the Metropolitan Government of Nashville and Davidson County, its successors and assigns, by reason of said repeal. In the event of such repeal by said Metropolitan Government, GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, and their successors and assigns, shall remove said aerial encroachments at their own expense.
Section 5. GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, shall pay all costs incident to the construction, installation, operation and maintenance of said aerial encroachments under Proposal No. 2022M-036EN-001 and shall save and hold the Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgments in any way connected with said construction, installation, operation and maintenance of said aerial encroachments and shall not claim, set up or plead, as a defense, in the event of joint liability, with or without suit, that it and the Metropolitan Government were joint wrongdoers. GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC shall be responsible for the expense, if any, of repairing and returning the right-of-way to the condition which it was in prior to the installation of said aerial encroachments, and for any street closure.
Section 6. GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, as herein described, shall not in any way interfere with the rights of the Metropolitan Government, its agents, servants, and/or contractors and utility companies, operating under franchise from the Metropolitan Government to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and to do any and all things necessary and incidental thereto.
Section 7. GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, shall and are hereby required to furnish the Metropolitan Government of Nashville and Davidson County a certificate of public liability insurance, naming the Metropolitan Government as an insured party, of at least two million ($2,000,000) dollars aggregate, for the payment of any judgment had on any claim, of whatever nature, made for actions or causes of action arising out of, or connected with, the construction or installation of said aerial encroachment. Said certificate of insurance shall be filed with the Metropolitan Clerk and NDOT prior to the granting of a permit, and the insurance required herein shall not be canceled without the insurance company or companies first giving thirty (30) days written notice to the Metropolitan Government of Nashville and Davidson County.
Section 8. That said construction shall be carefully guarded and protected, and shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance by GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, of all provisions of this Resolution shall be determined by the beginning of work.
Section 9. The authority granted pursuant to this Resolution shall not become effective until the certificate of insurance, as required in Section 7, has been posted with the Metropolitan Clerk and NDOT.
Section 10. 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 authorizes GS Nashville Hotel Owner, LLC and Greystar Real Estate Partners, LLC by and through its subsidiary, GS 19th and Broadway Apartments, LLC, to construct and install aerial encroachments at 1810 Broadway and 110 19th Avenue.
The encroachment is for balcony overhangs on Alley 383, metal canopy overhangs on Broadway, and a blade sign on Broadway. The applicant must indemnify the Metropolitan Government from all claims in connection with the construction and maintenance of the encroachment. Prior to receiving a permit, the applicant must file a certificate of public liability insurance in the amount of $2,000,000 with the Metropolitan Clerk and the Nashville Department of Transportation and Multimodal Infrastructure naming the Metropolitan Government as an insured party. This resolution must be approved by 21 affirmative votes.