Canuck87

Renderings of the new Lee Company headquarters being built as part of the Berry Farms development in Franklin.

In the first of our 3 installments, we dig deeper into the DNA of the city of Nashville, TN, which has made headlines in the last few decades as one of the top up-&-coming cities in the USA. In this installment, we will explore the making of “Music City USA,” which has contributed to the establishment of Nashville as a “top destination city.” In the second, we will explore the community dynamics within Nashville’s music industry, and the final piece will be dedicated to the future of Nashville as a city—particularly “Nashville Next,” the urban vision for its future. https://progrss.com/culture/20170112/nashville-destination-city-usa/

"Walking in Nashville" A brief history of Nashville's sidewalks, as well as some discussion of the transportation situation more generally. http://www.citylab.com/commute/2017/01/walking-in-nashville/512114/ A child sells newspapers on a busy sidewalk in Nashville, November 10, 1910.

A few pictures from East Nashville and a couple of renderings that I had not seen posted yet (apologies for any re-posts). Eastside Heights The Wabash 10th and Russell Farrow at Five Points

"Nashville is Zillow's Hottest Housing Market for 2017" The online real estate database company Zillow has released its list of the hottest housing markets for 2017. The score is based upon 3 variables: Zillow's Home Value Forecast, which forecasts the change in the Zillow Home Value Index over the next 12 months Recent income growth Current unemployment rates The variables were scaled for the 100 largest U.S. metros and combined to form a "hotness score." Ranking Metropolitan Area Forecasted Home Value Appreciation Income Growth Unemployment Rate 1 Nashville 4.3% 1.1% 4.0% 2 Seattle 5.6% 1.0% 4.4% 3 Provo 4.3% 1.0% 2.7% 4 Orlando 5.7% 1.0% 4.5% 5 Salt Lake City 4.3% 1.0% 2.8% 6 Portland 5.2% 1.0% 4.8% 7 Knoxville 4.4% 1.1% 4.7% 8 Ogden 4.7% 1.0% 2.9% 9 Denver 3.6% 1.0% 2.9% 10 Sacramento 4.8% 1.0% 5.2% Article: http://finance.yahoo.com/news/nashville-zillows-hottest-housing-market-130000324.html (I snapped this pic of some of the new housing being built in the Hope Gardens neighborhood. The new HCA facility is in the background)

According to the NBJ article, the $20 million for renovations is coming from a surplus fund that currently has a balance of $50 million. Hopefully, the remaining $30M will be used to fix this oversight.

"$20M expansion aims to help Nashville beat other cities for more conventions" Several new additions are in store for the Music City Center, including a 4,350-square-foot market offering food and other necessities. Other changes include enclosing an outdoor terrace along Korean Veterans, allowing the adjacent ballroom to be expanded. Officials hope that these improvements will give Nashville a competitive edge over other cities in attracting conventions. NBJ Article: http://www.bizjournals.com/nashville/news/2017/01/05/20m-expansion-aims-to-help-nashville-beat-other.html

Not directly related to Nashville, but definitely relevant to urbanism, MIT’s Senseable City Lab has initiated a project called "Treepedia" that catalogues the density of the tree canopy in cities. As of right now, only 12 cities have been surveyed, but the website promises "More cities to come…" Shoutout to my hometown of Vancouver, BC for having the current high score. I am very curious to see how Nashville would stack up against some of these locales. http://senseable.mit.edu/treepedia

615 Third, an 8-Story Class A office development in SoBro, is coming along nicely. Not the most inspired design, but better than nothing I suppose.

A crew was on-site demolishing the structure on the property the other day. I went back today, and it was gone.

One of my personal favorite historic buildings in the area is Lindsey Hall on the Richard H. Fulton Campus. The Literary Building on the campus of the University of Nashville opened in 1854. The structure was designed by Adolphus Heiman, a local architect and stonemason who immigrated to Nashville from Prussia in 1837. The Gothic Revival building used local limestone and served as faculty office space, student housing, and classrooms. The University was both a highly-respected medical college and literary academy from its founding in 1826 to the eve of the Civil War. Because of financial problems, however, after 1855 the school shared the campus with the Western Military Institute. During the Civil War, the Literary Building was used as both a Confederate and Federal hospital. None of the structures on campus were damaged as a result of war. The University transitioned to a prep school in 1867 (Montgomery Bell Academy) before eventually the facilities became the home of Peabody Normal School. The campus was closed in 1915 when Peabody moved to their present site near Vanderbilt University. Today, only the Literary Building remains and serves as offices for Metro Nashville government.

Foundations have been laid for the Buena Vista Towns at 11th Ave N and Scovel Street. The rooftop patios should provide a nice view of the skyline.

I was downtown this morning with some time on my hands, so I decided to stop by the courthouse and pull the case file for Second Avenue Partners v. Belle Meade Investments, which is pending in Davidson County Chancery Court. For those interested, the filings are public record and can be requested at the clerk’s office. The case number is 16-0775-I. Since I’m pretty sure most of you would prefer to avoid reading through pages and pages of pleadings, motions, and other filings, I thought I’d give you a somewhat brief summary: The facts are fairly straightforward. Second Avenue Partners (the "Buyer") is the plaintiff, and Belle Meade Investments (the "Seller") is the defendant. The original purchase agreement executed between the parties provided that closing would take place in February 2016. The agreement also gave the Buyer an option to delay closing by providing an additional earnest money deposit that would be applied to the final purchase price. After being delayed twice, closing was set to take place on June 28. On the morning of June 28, a representative of the Buyer contacted the Seller to ask about delaying the closing once more until sometime in August. This additional delay would allow the Buyer to comply with some unspecified requirements of the lender. The Buyer alleges that the Seller agreed to this extension, but there was nothing in the record evincing this claim. On July 1, the Seller notified the Buyer by email of its intention to cancel the sale. This communication, however, did not comply with the notice provisions of the purchase agreement, which provided that all communications must be transmitted via mail. On July 7, the Seller sent a letter to the Buyer notifying the Buyer that it was cancelling the transaction. On July 19, the Buyer filed suit against the Seller in Chancery Court. The Buyer alleges that the Seller failed to deposit the closing documents with the escrow agent pursuant to the terms of the agreement, and that after the closing date, the Seller attempted to wrongfully repudiate the contract. The Seller has filed a counterclaim alleging that termination of the contract was valid and that it is entitled to the $106,000 earnest money deposit that is currently being held in escrow. The parties have raised several arguments, but the crux of the dispute relates to the interaction between two provisions of the purchase agreement. The first important provision is the so-called "time is of the essence" clause. For many types of contracts (e.g., construction, real estate sales, loans, etc.) courts will often view minor deviations from a contract's schedule as being too insignificant to warrant damages or termination of the contract. Thus, where timing is crucial to a deal, lawyers may include a "time is of the essence" provision, making timeliness with respect to the parties' obligations essential. The agreement between the parties here contained such a provision. The Seller believes that the Buyer's request to extend the closing shows that it was unable or unwilling to consummate the transaction by the closing date of June 28. Accordingly, the Buyer did not comply with the agreement's schedule and was in breach of the contract. The Seller was thus entitled to terminate the agreement. The second key provision of the purchase agreement relates to notice and cure. Typically in a large transaction like this one, a party will not be entitled to immediately terminate the transaction upon breach by the other party. The agreement at hand required that, before terminating the contract, the party seeking termination must provide notice to the other party. This notice must specifically describe the nature of the breach and provide the other party with an additional 10 days to cure the breach. Only upon the completion of the 10-day cure period could the transaction be cancelled. The Buyer's argument is that, even if it failed to meet its obligations by the closing date, it had the right to reasonably rely on the 10-day cure period provided in the agreement. Since the Seller did not provide the Buyer with time to cure, which was a condition precedent to termination, the termination was not effective. There seems to be very little Tennessee case law cited by the parties that is directly on point, so it is hard to say who has superior legal arguments. I won't bore you with my personal prognosis regarding the case, but I will point out a couple things that I thought were notable. First, the Buyer is not seeking money as damages. As a general rule, the default remedy for breach of a sales contract is monetary damages. Take for example a sales contract for the purchase of a commodity good. If the seller breaches, the buyer will have to mitigate its losses by buying substitute goods from another seller. If the buyer is required to pay more to "cover," then it will be able to recover the difference from the seller, but courts will not generally require the seller to perform the contract. That being said, there are circumstances where a party can sue for "specific performance." This equitable remedy is often available in land transactions, based upon the theory that land is unique and no other legal remedy will put the non-breaching party in the same position as if the contract been performed. Here, the only relief sought by the Buyer is that the Court declare that the contract remains in effect, set a closing date for the transaction, and compel the Seller to convey the property according to the original contract terms. The Buyer avers that it stands ready and willing to close the transaction and that it has the full amount of the purchase price secured. As of now, there is no indication that the Buyer is not fully intent on purchasing the property. Second, throughout its filings, the Buyer repeatedly stresses the significance of this project-- the scale and value of the development, the 5 star hotel, the additional parking for the benefit SoBro and Ascend, increased property taxes, the impact on the skyline, etc. Though theoretically, these sorts of external considerations should have no bearing on a court's legal analysis, it would be naive to ignore the role they play. Judges are only human and are not ignorant of these sorts of factors. Finally, judges rarely look favorably upon parties who try to play "gotcha" in cases like this one. It appears from the deal timeline that initially both the Buyer and Seller were perfectly intent on having the sale completed and were willing to cooperate with one another to facilitate its completion. Now, however, the Seller is seeking to receive the $106,000 deposit and cancel the transaction so it presumably can try to receive more money for the property down the road. In other words, the Buyer is only trying to receive the benefit of its original bargain, whereas the Seller is looking to receive a windfall. I don't want to insinuate that the Seller is acting in bad faith, only that the "equities of the case" seem to tilt in the Buyer's favor. As for the case timeline and how it might progress, there has been no movement on the docket since October. The parties' motions to dismiss have been filed and denied. This is typically followed by a discovery period, where documents are exchanged and witnesses are deposed. Depending on the nature of the case, this process could last for a couple months or several years. Towards the end of discovery, parties will routinely move for summary judgment, and this would likely necessitate another hearing. Depending on how congested the Court's docket is, a ruling could take a few weeks or several months. I will say that there does not seem to be any material facts in dispute, so a trial in this case seems unlikely. I would not be surprised if the case is disposed of on summary judgment. Plus, it's important to keep in mind that 90%+ of cases like this end up settling. This is especially true when it appears that a case is unlikely to be resolved quickly in court. The longer the case takes, the greater the legal fees, and the greater incentive there is to resolve the dispute through settlement. I will check in with the progress of the case periodically and report here if anything happens, assuming y'all are interested.

Nashville was featured on the Today Show this week.

The site will be the location of the new $113 million Criminal Justice Center. These renderings are "preliminary" as of October, and the city was seeking the community's input before finalizing the design. Construction was set to begin this month, but last I checked, demolition is still ongoing. Tennessean Article: http://www.tennessean.com/story/news/2016/10/12/see-designs-nashvilles-new-113m-downtown-jail/91975490/

A look at some of the work currently going on south of Broadway.

I saw that a sample facade (not sure if that's the proper technical term) has been constructed on the lot between Taylor Flats and Werthan Lofts. There is also an R.C. Matthews Contractor sign on the fence. I don't remember seeing them the last time I walked by. Anyone know if new construction is coming in the near future? I hadn't heard anything, but I could have missed it.

"Eating Nashville, the year in review" Jim Meyers's summary of the year in restaurants. Features a list of his favorite new places from 2016 and most anticipated openings of 2017. Favorites: Bastion: Josh Habiger's imagined adult utopia of a grown-up bar and a restaurant built around love of food, cooking and service. TKO: Pushed the boundary of what "authentic" means when it comes to cross-cultural cooking, but with rock-solid Chinese food in a business model without tipping. The revolution may have started. Old Glory: In a city short on jaw-dropping spaces, a bar that reclaimed industrial cool with style, taste and post-apocalyptic sex appeal. . Nicky's Coal Fired: No, not New York, but Nashville and with a new take on old heat with pizzas and pastas from a deft touch. Bajo Sexto: Not every taco should cost $1.50, and for the first time the full panoply of Mexican food comes alive. Most Anticipated Krajeck & Co.: I don't want to say that whatever Rolf & Daughters chef Philip Krajeck does next has to be good, but I just kind of trust that it will. I think, even with vague descriptions, he'll be a pied piper as he jumps across the Cumberland to the east side. Kuchnia & Keller: Aaron Clemins' long tenure at City House has earned him the full weight of Tandy Wilson's confidence, and a spot around the corner to explore his Polish and German heritage. Dzięki. Danke. Thanks. Henrietta Red: Thank goodness Nashville native Julia Sullivan came home to roost. I can't wait to step into her dream. She and partner Allie Poindexter's new take on a neighborhood bistro will continue to make Germantown one of the city's best destinations. Tànsuŏ: It a has been the lament of the ages. "We have no good Chinese food!" Two words: Chris Cheung. Two more: Maneet Chauhan. OK, but this is it: Spectacular space. It all hinges on Chef Cheung's ability to deliver superlative food, but all the pieces are finally in place. Pastaria: Chefs have been sniffing around and marking territory, but I sense Gerard Craft of Pastaria is genuinely in love with our city. Commuting from St. Louis will hopefully have him here enough to be fully engaged. And the man can flat-out cook. Greko: For years, Greeks have come to our shores to cook. In the absence of a large Greek community, they tend to open American grilles, along with hot dog, barbecue and chili joints. The Darsinos family (Darfons, Southside Grill, Gondola House) is no exception, but finally they are breaking back to the past and Greko will finally deliver the real taste of Athens, not just the Athens of the South. Austin and Jason's Big Adventure: More on this very, very soon, but Austin Ray and Jason Brumm's nascent partnership should bring great things. Vivek Surti: C'mon, man. Quit popping up with fantastic meals all over town and popping off champagne bottles and just open up a restaurant. Full Article: http://www.tennessean.com/story/life/2016/12/23/jim-myers-eating-nashville-year-review/95670120/

Travel and Leisure's "50 Best Places to Travel in 2017" Nashville, Tennessee "This gateway to the South has hit its stride, and 2017 looks to be a banner year. The iconic Ryman Auditorium celebrates its 125th anniversary with a full calendar of fêtes, while the Country Music Hall of Fame & Museum celebrates 50 years and the Bluebird Café turns 35. The city is brimming with new and upcoming eateries: Maneet Chauhan’s The Mockingbird, John Besh’s Marsh House, and Henrietta Red from Per Se–trained chef Julia Sullivan. And there are plenty of places to stay, thanks to a hotel boom—the Westin and Thompson recently debuted, with a Kimpton and 21c slated to open this year."

Nashville sunrise, as seen from atop of the AT&T Building.

Hospitality Net released its list of the top 10 US cities for hotel growth. Nashville is number 4 on the list, behind NYC, Miami, and Chicago. Nashville is characterized as an "outlier given its status as a smaller city than those above it." There are currently 25 hotel projects that will add 5,085 rooms. Article: http://www.hospitalitynet.org/news/4080133.html Also, wishing everyone on the board a belated Merry Christmas. I can't wait to see what 2017 holds for Nashville!

Joey Garrison from the Tennessean reporting that Metro Council has made the necessary rezoning approvals for the Cayce redevelopment plan. Article about the project from last year: http://www.tennessean.com/story/money/2015/06/24/mdhas-envision-cayce-takes-next-step-forward/29254325/

I echo everyone's sentiments. Perhaps the worst part is that, at least normally when we lose a historic building, there's a substantial new development to soften the blow. But losing a historic building to a surface parking lot is like salt in a wound.

"MLS chief Don Garber outlines criteria for next round of league expansion" Here is the latest from the MLS Commissioner: There are 22 MLS teams presently, including Minnesota and Atlanta, who start this year. Los Angeles FC starts play the year after, and Miami should begin some time not long after that. That will bring the league to 24 teams. The league is planning to expand to 28 teams. Prospective cities have until January 31, 2017 to submit bids. Review will take place during the first 6 months of 2017, and teams 25 and 26 will be named some time during the third quarter of 2017. There is currently no timeline for when teams 27 and 28 will be chosen. New teams will be required to pay the $150 million expansion fee (up from $10 million in 2007). Ten cities have expressed interest so far, and they are Charlotte, Cincinnati, Detroit, Nashville, Raleigh/Durham, Sacramento, St. Louis, San Antonio, San Diego and Tampa/St. Petersburg. The three criteria for selection are: A committed local ownership A market with a long history of fan support in a desirable geographic location capable of attracting sponsors and television partners A comprehensive stadium plan Sacramento and St. Louis appear to be the furthest along in satisfying the league's criteria, but stay tuned. Full Article: http://www.espnfc.us/major-league-soccer/story/3020615/mls-commissioner-don-garber-details-next-round-of-expansion

"See inside Tony Giarratana's The SoBro, Nashville's tallest apartment tower" A lot of these shots are basically identical to the ones Mark uploaded a month ago, but there are a couple new views. 33 Picture Gallery: http://www.bizjournals.com/nashville/news/2016/12/15/see-inside-tony-giarratanas-the-sobro-nashvilles.html