ADOPTED 04/20/1999

RESOLUTION NO. R99- 1513

A resolution approving an amendment to a sublease agreement between The Metropolitan Government of Nashville and Davidson County and the Southern Junction Company d/b/a Broadway Dinner Train.

WHEREAS, pursuant to Ordinance O94-1120, The Metropolitan Government of Nashville and Davidson County ("the Metropolitan Government") entered into a ground lease with the Southern Junction Company, d/b/a the Broadway Dinner Train ("the Company") to allow the Company to conduct its dinner train business on a parcel of land in the area of the Nashville Thermal Plant; and

WHEREAS, the Metropolitan Government and the Company entered into a sublease agreement pursuant to Ordinance No. O96-230 which provided for the subletting to the Company by the Metropolitan Government of certain property leased to the Metropolitan Government by the Department of the Army; and

WHEREAS, in connection with repair of the Shelby Street Bridge, the Metropolitan Government has need of access to that property which was sublet to the Company pursuant to Ordinance O96-230; and

WHEREAS, continued occupation or use of said sublet property by the Company would not be compatible with the planned repair of the bridge; and

WHEREAS, the sublease agreement terminates according to its terms on August 31, 1999; and

WHEREAS, the parties desire to suspend operation of the sublease from midnight May 31, 1999, until such time as all repairs to the Shelby Street Bridge are completed; and

WHEREAS, Ordinance O96-230 provides that amendments to the sublease agreement shall be approved by resolution of the Metropolitan Council,

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

SECTION 1. The attached amendment to the sublease agreement between the Metropolitan Government and the Company dated April 16, 1996, and approved by Ordinance O96-230 is approved, and the Metropolitan Mayor is authorized to execute said amendment.

SECTION 2. That this Resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Don Majors & Charles Fentress

Amendment to Sublease between The Metropolitan Government of Nashville and Davidson County and the Southern Junction Company, Inc.

Whereas, pursuant to Ordinance O94-1120, The Metropolitan Government of Nashville and Davidson County ("the Metropolitan Government") entered into a ground lease with the Southern Junction Company, d/b/a the Broadway Dinner Train ("the Company") to allow the Company to conduct its dinner train business on a parcel of land in the area of the Nashville Thermal Plant; and

Whereas, the Metropolitan Government and the Company entered into a sublease agreement pursuant to Ordinance No. O96-230 which provided for the subletting to the Company by the Metropolitan Government of certain property leased to the Metropolitan Government by the Department of the Army; and

Whereas, in connection with repair of the Shelby Street Bridge, the Metropolitan Government has need of access to that property which was sublet to the Company pursuant to Ordinance O96-230; and

Whereas, continued occupation or use of said sublet property by the Company would not be compatible with the planned repair of the bridge; and

Whereas, the sublease agreement terminates according to its terms on August 31, 1999; and

Whereas, the parties desire to suspend operation of the sublease from midnight May 31, 1999, until such time as all repairs to the Shelby Street Bridge are completed;

Now Therefore, the sublease attached hereto is amended as follows:

The following is added to the sublease as paragraph 7:

This sublease shall be suspended effective at midnight May 31, 1999, until such time as Lessor shall notify Lessee in writing that repairs on the Shelby Street Bridge have been completed. The sublease shall be reinstated as of receipt of said notice by Lessee. By its execution of this amendment Lessee gives notice pursuant to the terms of paragraph 18 of the GROUND LEASE of its exercise of the option to renew the GROUND LEASE and this sublease for the first five-year renewal term.

All other terms and conditions of the sublease remain unchanged.

In witness whereof, the parties have executed this amendment to the sublease at Nashville, Davidson County, Tennessee.

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	April 20, 1999
Adopted:	April 20, 1999
Approved:	April 26, 1999
By: