Title
Authorizing Richard and Justine Hansen, their successors and assigns, to own, operate, and maintain a one story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to their property located at 880 N. 20th Street, under certain terms and conditions.
Body
WHEREAS, Richard and Justine Hansen own a property located at 880 N. 20th Street, Philadelphia, PA 19130;
WHEREAS, Richard and Justine Hansen have requested permission to own, operate, and maintain a one story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to the property; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
Section 1. Richard and Justine Hansen, their successors and assigns, are hereby authorized to own, operate, and maintain a one (1) story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to the property.
Garage Extension
The one (1) story extension, located approximately fourteen feet (14') west of the west curb line of N. 20th Street, is approximately twenty feet (20') wide and encroaches approximately two feet six inches (2'-6") onto the south sidewalk of Poplar Street leaving approximately nine feet six inches (9'-6") of clear footway.
Entranceway Steps
The entranceway steps, located approximately forty-nine feet (49') west of the west curb line of N. 20th Street, are approximately thirteen feet six inches (13'-6") wide and encroach approximately five feet six inches (5'-6") onto the south sidewalk of Poplar Street leaving approximately six feet six inches (6'-6") of clear footway.
Section 2. The placement of the one (1) story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to the property listed in Section 1 shall be in accordance with the laws, rules and regulations of the City of Philadelphia, and specifically those of the Department of Licenses and Inspections, the Department of Streets and the Art Commission.
Section 3. Before exercising any rights or privileges under this Ordinance, Richard and Justine Hansen must first obtain or have their contractor(s) obtain all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted, it being the express intent of this Ordinance not to supersede any other provision of law governing the issuance of such permits, licenses or approvals. In addition, before exercising any rights and privileges under this Ordinance, Richard and Justine Hansen shall enter into an agreement ("Agreement") with the appropriate City department or departments, in a form satisfactory to the City Solicitor, to provide that Richard and Justine Hansen shall, inter alia:
(a) agree that upon one hundred and eighty (180) days notice from the City, it shall remove the one (1) story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to the property without cost or expense to the City, and shall restore the cartway and footways adjacent to the property at Poplar Street at no cost and expense to the City when given written notice to do so by the City to accommodate a municipal or municipal-sponsored construction project;
(b) furnish the City with either a bond with corporate surety in an amount required by the Department of Streets and in a form satisfactory to the City Solicitor to insure the compliance with all the terms and conditions of this Ordinance and the Agreement, and to protect and indemnify the City from and against all damages or claims for damages which may arise directly or indirectly as a result of the construction, maintenance or use of the one (1) story garage extension and entranceway steps, or in lieu thereof, submit documentation in a form and content acceptable to the City that Richard and Justine Hansen self-assume the liabilities and obligations normally covered by Surety Bond;
(c) secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the City as may be required by regulation or law. No such department, board, agency or commission shall be required to issue any such permit, license or approval solely because this Ordinance has been enacted;
(d) assume the costs of all changes and adjustments to, and relocation or abandonment of City utilities and City structures, wherever located, as may be necessary by the reason of the placement of the one (1) story garage extension and entranceway steps;
(e) carry public liability and property damage insurance, co-naming the City of Philadelphia as an insured party, in such amounts as shall be satisfactory to the City Solicitor, or in lieu thereof, submit documentation in form and content acceptable to the City that Richard and Justine Hansen are self-insured and are providing the City of Philadelphia the same coverage and benefits had the insurance requirements been satisfied by an insurance carrier authorized to do business in the Commonwealth of Pennsylvania;
(f) insure that all construction contractors for the one (1) story garage extension and entranceway steps carry public liability and property damage insurance, naming the City of Philadelphia as an insured party in such amounts as shall be reasonably satisfactory to the City Solicitor; and
(g) give the City and all public utility companies the right of access, ingress and egress for the purpose of inspection, maintenance, alteration, relocation or reconstruction of any of their respective facilities which may lie within the public right-of-way on Poplar Street.
Section 4. The City Solicitor shall include in the Agreement such other terms and conditions as shall be deemed necessary to protect the interests of the City.
Section 5. The permission granted to Richard and Justine Hansen for the placement of a one (1) story garage extension and entranceway steps described in Section 1 shall expire without any further action by the City of Philadelphia if Richard and Justine Hansen have not entered into an Agreement with the City Solicitor and satisfied all requirements of the Agreement that are listed in Section 3 of this Ordinance within one (1) year after this Ordinance becomes law.
Section 6. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), toward the costs thereof, is paid into the City Treasury within sixty (60) days after this Ordinance becomes law.
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