ORDINANCE NO. BL2013-518
An ordinance approving the execution and delivery of a ground lease by and between The Metropolitan Government of Nashville and Davidson County and the Sports Authority of the Metropolitan Government of Nashville and Davidson County.
WHEREAS, the Sports Authority of The Metropolitan Government of Nashville and Davidson County, (the “Sports Authority”) has been formed pursuant to Chapter 67, Title 7 of the Tennessee Code Annotated (the “Act”) for the purposes set forth in the Act; and,
WHEREAS, the Sports Authority has the express authority, pursuant to the Act to acquire property by lease, and desires to acquire a portion of the property at the Global Mall at the Crossings on which to construct a new hockey facility (“Ice Rink”); and,
WHEREAS, Ordinance BL2013-503, approving an agreement with Global Mall Partnership for the exchange of property, is pending before the Metropolitan County Council of the Metropolitan Government (“Metropolitan Council”) whereby the Metropolitan Government of Nashville and Davidson County (the “Metropolitan Government”) will acquire the land on which the Ice Rink is intended to be constructed; and,
WHEREAS, on July 16, 2013, the Metropolitan Council adopted Resolution No. RS2013-768, approving the issuance of bonds for the purpose of financing the construction of the Ice Rink; and,
WHEREAS, it is contemplated, that the Sports Authority will engage Mid-Ice, LLC, (“Manager”) to manage the operations of the Ice Rink pursuant to a license and lease agreement; and,
WHEREAS, it is the desire of the Metropolitan Government and the Sports Authority to enter into a ground lease for a portion of the property at the Global Mall at the Crossings for the purpose of constructing, equipping, managing, and operating the Ice Rink (“Ground Lease Agreement”).
NOW, THEREFORE, BE IT ENACTED BY THE METROPOLITAN COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The terms and provisions of the Ground Lease Agreement by and between the Metropolitan Government and the Sports Authority substantially in the form attached hereto, is hereby approved.
Section 2. The form, terms and provisions of the Ground Lease Agreement attached hereto as Exhibit A are hereby approved, and the Metropolitan Mayor of the Metropolitan Government (the “Metropolitan Mayor”) is hereby authorized, empowered, and directed to execute and deliver the Ground Lease Agreement in the name and on behalf of the Metropolitan Government in the form now before this meeting. From and after the execution and delivery of the Ground Lease Agreement, the officers of the Metropolitan Government or any of them, are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Ground Lease Agreement as executed.
Section 3. All acts and doings of the Metropolitan Mayor, the Director of Finance, and any other officer of the Metropolitan Government which are in conformity with the purposes and intent of this resolution shall be, and the same hereby are in all respects, approved and confirmed as may be necessary or appropriate in order for the Metropolitan Government to comply with the terms of the Ground Lease Agreement.
Section 4. Any amendment(s), change(s), or extension(s) of the Ground Lease Agreement shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.
Section 5. This ordinance shall take effect from and after its adoption, the welfare of the Metropolitan Government requiring it.
Sponsored by: Lonnell Matthews, Jacobia Dowell, Phil Claiborne
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|Introduced:||August 6, 2013|
|Passed First Reading:||August 6, 2013|
Budget & Finance Committee
Convention, Tourism and Public
Entertainment Facilities Committee
Planning & Zoning Committee
|Passed Second Reading:||August 20, 2013|
|Passed Third Reading:||September 10, 2013|
|Approved:||September 11, 2013|
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