RESOLUTION NO. RS2017-647

A resolution declaring surplus and conveying a parcel of real property to New Level Community Development Corporation (“NLCDC”), and approving an Amended and Restated Grant Contract between NLCDC and the Metropolitan Government of Nashville and Davidson County for construction of affordable housing units(Proposal No. 2017M-029PR-001).

WHEREAS, the Metropolitan Government, by and through the Metropolitan Housing Trust Fund Commission (the “Commission”), and NLCDC are parties to that certain Grant Agreement, dated July 6, 2016 (the “Grant Agreement”), as authorized by the Metropolitan County Council Resolution No. RS2016-282, pursuant to which the Metropolitan Government agreed to make a grant of Two Hundred Fifty One Thousand Two Hundred Fifty dollars ($251,250) to NLCDC for the provision of construction of affordable housing units at:

9 Trimble Street,
2409 Middle Street, and
1632 D.B. Todd Jr Boulevard; and,

WHEREAS, the application for grant funding approved by the Commission for the provision of the construction of affordable housing units included funding for two additional properties located at:

1800 Heiman Street and
1911 11th Avenue North; and,

WHEREAS, the distribution of funds to be used for 1800 Heiman Street and 1911 11th Avenue North requires an amendment to the Grant Agreement; and,

WHEREAS, in accordance with the terms of the Grant Agreement, an amendment to the Grant Agreement must be in writing and passed by resolution by the Metropolitan Council; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that the attached Amended and Restated Grant Contract (the “Amended Grant Agreement”) between NLCDC and the Metropolitan Government of Nashville and Davidson County, incorporated herein as Exhibit A, be approved; and,

WHEREAS, the Metropolitan Government owns a parcel of real property identified as Exhibit B (the “Property”); and,

WHEREAS, Section 7-3-314(e) of the Tennessee Code Annotated (the “Act”) permits a metropolitan government by resolution of its governing body to authorize the conveyance of the real property acquired pursuant to a delinquent tax sale by grant to a nonprofit organization; and,

WHEREAS, the Act requires that no property may be granted prior to the expiration of the statutory redemption period; and,

WHEREAS, the Act requires that all such property be used to construct affordable and workforce housing for residents of Davidson County; and,

WHEREAS, on June 3, 2015, the Commission in conjunction with the Metropolitan Development and Housing Agency issued a request for application to qualified nonprofit organizations to participate in the nonprofit housing development grant program; and,

WHEREAS, NLCDC was selected to receive a grant conveying the Property; and,

WHEREAS, the requirements of Section 7-3-314(e) of the Act have been met as to the Property; and,

WHEREAS, the grant process has been in conformance with the requirements of Tennessee law.

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

Section 1. The Amended Grant Agreement is hereby approved for the express purpose of constructing affordable and workforce housing on the Property.

Section 2.        The Metropolitan Council declares the Property owned in fee simple by the Metropolitan Government, as described below and in Exhibit B attached hereto and incorporated herein, to be surplus.

Map-Parcel No.          Address / Location                     Lot               Council                                                          

081-07-0 434.00          1911 11th Avenue North        50 x 150             21                        

Section 3.        The Director of Public Property is hereby authorized and directed to transfer the Property to NLCDC.

Section 4.        In the event the Property is not utilized by the Barnes Fund Affordable Housing Program after five (5) years from the date of passage of this resolution, the Property shall revert back to the Division of Public Property unless otherwise previously conveyed.

Section 5.        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: John Cooper, Fabian Bedne, Burkley Allen  

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LEGISLATIVE HISTORY

Referred to: Planning Commission - Approved
Ad-Hoc Affordable Housing Committee
Budget and Finance Committee
Planning, Zoning, and Historical Committee
Introduced: April 18, 2017
Adopted: April 18, 2017
Approved: April 19, 2017
By: Mayor's signature

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