ENACTED 07/20/1999

SUBSTITUTE ORDINANCE NO. SO99-1685

A substitute ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County and Metropolitan Development and Housing Agency for the new downtown library.

Whereas, the Metropolitan Government is a public corporation created pursuant to T.C.A. 7-1-101, et seq., and vested with the authority to lease real property pursuant to Article 1, 1.01 of the Metropolitan Charter; and

Whereas, Metropolitan Development and Housing Agency ("MDHS") is authorized to adopt a redevelopment plan to provide for the redevelopment of property within its boundaries in an effort to eliminate slum and blighting conditions, eliminate underdeveloped property and allow for the rehabilitation of historic buildings necessary to support stabilization and improvement of surrounding areas in accordance with the Tennessee Housing Authorities Law, Tenn. Code Ann. 13-20-101, et seq.; and

Whereas, the Capitol Mall Redevelopment Plan (the "Plan") was approved by the Metropolitan Council by Ordinance No.77-716 and amended by Ordinance Nos. 82-845, 87-1695, 91-1567, 93-774, 97-755 and 98-1187; and

Whereas, Metropolitan Ordinance 98-1187 amended the Plan to permit certain property (the "Property") situated in Nashville, Tennessee to be developed for the following uses: public library, arts/entertainment, cultural/education, residential, park/plaza, parking and combination of retail and food shops and offices, and personal service businesses; and

Whereas, MDHA owns an interest in the Property pursuant to that certain Clerk’s Deed, dated November 4, 1998 and recorded in the Register of Deeds Office of Davidson County, Tennessee at Book 11193, Pages 875 through 882, inclusive; and

Whereas, MDHA is constructing a new building on the Property for use of a downtown library and commercial space (the "Building"); and

Whereas, MDHA proposes to lease a certain portion of the Building (the "Commercial Space") as more particularly described in Exhibit "B" of the Lease Agreement, to the Nashville Public Library Foundation (the "Library Foundation") for use as general commercial space, and the Library Foundation desires to lease the Commercial Space from MDHA; and

Whereas, MDHA proposes to lease the balance of the Building and all of the Property, except for the Commercial Space (the "Library") to the Metropolitan Government for the use of a downtown library, and the Metropolitan Government desires to lease the Library from MDHA upon the terms and conditions set forth in the Lease Agreement attached hereto; and

Whereas, the lease is for a period of 99 years commencing July 1, 1999 and ending July 1, 2098; and

Whereas, the apportionment of space and costs as between the Commercial Space and the Library needs to be redefined to more accurately reflect the intent of the Metropolitan Government and MDHA; and

Whereas, the parties desire to substitute the lease approved on first reading with the lease attached hereto as Exhibit A.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1: That the Lease Agreement between The Metropolitan Government of Nashville and Davidson County and Metropolitan Development and Housing Agency for the new library to be located at Church Street between 6th and 7th Avenues, is substituted with the lease attached hereto as Exhibit A, and the same is hereby approved and the Metropolitan County Mayor is authorized to execute the lease on behalf of the Metropolitan Government.

Section 2: That any further amendments to the Lease Agreement shall be approved by resolution of the Metropolitan Council receiving at least twenty one affirmative votes.

Section 3: That this Substitute Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: James Stanley

LEGISLATIVE HISTORY

Substitute Introduced: June 15, 1999
Referred to: Planning Commission
Budget & Finance Committee
Parks & Library Committee
Planning & Zoning Committee
Passed Second Reading: June 15, 1999
Passed Third Reading: July 20, 1999
Approved: July 21, 1999
By: mayor.gif (527 bytes)