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Bill BL2019-11 (as amended)

An ordinance approving amendment three to the ground lease for Rose Park between The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Parks and Recreation, and Belmont University, and approving a new ground lease between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Public Education, and Belmont University for the construction and operation of an indoor batting and locker/training facility (Proposal No. 2019M-032AG-001).

WHEREAS, The Metropolitan Government of Nashville and Davidson County ("Metro") owns, and through the Department of Parks and Recreation ("Parks") operates, Rose Park; and

WHEREAS, Metro and Belmont University ("Belmont") are parties to the lease dated November 5, 2007, as authorized by BL2007-1544 and subsequently amended by Ordinance Nos. BL2016-458 and BL2017-662 (the "Parks Lease"); and

WHEREAS, Belmont subsequently negotiated an agreement with Metropolitan Nashville Public Schools (MNPS) for the construction and use, at Belmont's sole expense, of the indoor batting and locker/training facility on a portion of the Rose Park Magnet Math and Science Middle School (the "School Lease"), attached hereto as Exhibit A, rather than being constructed on the Rose Park property; and

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that amendment three to the Parks Lease (the "Third Amendment"), attached hereto as Exhibit B, be approved to remove the indoor batting and locker/training facility from the Rose Park property, and that the School Lease be approved.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The School Lease is hereby approved, and the Director of Public Property is authorized to execute the same, provided that said approval is expressly conditioned upon the School Lease being revised to include the following provisions based upon recommendations developed through community conversations with members from the Edgehill community, representatives from Metro Nashville Public Schools (MNPS), the Metropolitan Parks Department, Belmont University, members of the Metropolitan Board of Education, and the Metropolitan Council:

50 Year Lease:
• Change the initial term of 50 years to 30 years with two 10-year renewal periods. The two renewal periods would be subject to approval of the Board of Education and the Metropolitan Council.
Financial Terms:
• Add a 3% annual escalation clause on the initial $35,000 lease payment, which over the life of the lease will produce an average annual lease payment of $79,000 over the term of the lease, and total payments to MNPS of $3.9 million. The Metropolitan Government maintains ownership interest in the building or the property throughout the term of the lease.
Remove Possible Reduction:
• Remove the clause that would reduce the lease payment to MNPS in the event that Metro Parks starts funding Saturday operations at any of the other community centers within Metro Parks.
Remove References to Specific Groups:
• Remove specific groups that are called out by name as beneficiaries of the lease payments. This will provide flexibility regarding the recipients of the lease payments and ensure the benefit of the payments flows to groups dedicated to the Edgehill Community rather than limiting the funds to any specific group.

Create Usage Statistics in Parks Annual Report / MNPS Report:
• Belmont must provide annual usage statistics of the new facility to MNPS for the MNPS report that will be incorporated into the Parks Annual report on the Rose Park Facilities. Statistics will include names of groups utilizing the batting facility and hours used annually.
• MNPS must similarly report annually regarding the utilization of the lease payments to ensure is the payments are being used to best serve the Edgehill Community and MNPS students. Information shall include specific programs, persons served, and the usage hours.
• Nothing in the agreement may restrict public access to the second floor of the building. Belmont agrees to coordinate use of the second floor in agreement directly with MNPS.

The batting facility represents a new partnership between MNPS, Belmont, and the surrounding community partners. The facility will work synergistically with the existing partnership between Metro Parks and Belmont for the improvements at Rose Park. To facilitate the efficient implementation of the school’s partnership and to ensure the new and continued delivery of benefits of both partnerships to all parties, Metro Parks and MNPS shall convene an advisory group representing a broad cross section of Edgehill community perspectives. This group will meet quarterly to review all aspects of the partnerships between Belmont and MNPS and Metro Parks to ensure that the benefits to all parties are being realized. Some items for consideration shall include but may not be limited to:
• Prioritize enabling online scheduling for all Rose Park facilities
• Distribution List for Metro Parks Annual Report on Rose Park
• Parking at Rose Park, including recommendations for additional signage
• Park promotion and long term planning/suggestions for Easley Center
• Use of Concessions and other Park Facilities consistent with the Lease Agreement between Metro Parks and Belmont dated November 5, 2007

The composition of this advisory group shall include the following:
• One member appointed by Metro Parks to serve as co-chair
• One member appointed by MNPS to serve as co-chair
• One member appointed by Belmont University
• Two members appointed by Metro Council Member for District 17 (currently Councilmember Sledge)
• One member appointed by Metro Council Member for District 18 (currently Councilmember Cash)
• One member appointed by Metro Council Member for District 19 (currently Councilmember O’Connell)
• One member appointed by the Mayor’s Office of Neighborhoods or its successor

The advisory group shall designate one neighborhood appointee to serve as an additional co-chair. The Metro Parks and MNPS representatives as co-chairs shall be jointly responsible for preparing meeting agendas with input from the neighborhood co-chair.

Section 2. The Third Amendment to the Parks Lease is hereby approved, and the Director of Public Property is authorized to execute the same.

Section 3. This ordinance shall take effect after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Burkley Allen, Kyonzté Toombs, Zach Young, Colby Sledge, Sharon Hurt, Antoniette Lee, Thomas Cash, Jonathan Hall, Zulfat Suara

Related Documents

Legislative History

IntroducedOctober 1, 2019

Deferred to November 5, 2019October 1, 2019

Deferred to November 19, 2019November 5, 2019

Indefinitely deferredNovember 19, 2019

Reset for consideration by sponsorMay 19, 2020

Referred toPlanning Commission
Budget and Finance Committee
Education Committee
Parks, Library, and Arts Committee
Planning, Zoning, and Historical Committee

Indefinitely deferredMay 19, 2020

Reset for consideration by sponsorAugust 18, 2020

Amended and Passed First ReadingAugust 18, 2020

Public Hearing SetSeptember 1, 2020

Substitute adoptedSeptember 1, 2020

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 09/04/2020 1:53 PM