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An ordinance authorizing 601 Lafayette Owner, LLC to construct and install an underground encroachment at 601 Lafayette Street (Proposal No. 2024M-032EN-001).
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WHEREAS, 601 Lafayette Owner, LLC plans to construct, install and maintain an underground NES transformer vault, encroaching into the public right-of-way at 601 Lafayette Street (the "Property"); 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, 601 Lafayette 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 underground 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, 601 Lafayette Owner, LLC is hereby granted the privilege to construct and maintain an underground encroachment as described in Proposal No. 2024M-032EN-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. 2024M-032EB=N-001, shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or or...
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