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Authorizing Angel Carrasquillo, owner of the property located at 2434 north Fifth street, Philadelphia, PA 19133, to construct, use and maintain a one (1) story building addition, serving as a porch, on and over the west footway of Fifth street adjacent to the property 2434 north Fifth street; all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Permission is hereby granted to Angel Carrasquillo, 2434 north Fifth street, Philadelphia, PA 19133, owner of the property located at 2434 north Fifth street, Philadelphia, PA 19133, to construct, use and maintain a one (1) story building addition, serving as a porch, on and over the west footway of Fifth street, adjacent to the property 2434 north Fifth street.
The one (1) story building addition, serving as a porch, will project a maximum of approximately one foot, five inches (1' 5") onto and over the west footway of north Fifth street and will leave a clear footway of approximately eleven feet, seven inches (11' 7"). The one story building addition will be approximately thirteen feet, nine inches (13' 9") wide and will extend across the entire width of the front of the property 2434 north Fifth street.
SECTION 2. Before exercising any rights or privileges under this Ordinance, Angel Carrasquillo must first 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 or privileges under this Ordinance, Angel Carrasquillo shall enter into an agreement ("Agreement") with the appropriate City department(s), in form satisfactory to the City Solicitor, to provide that Angel Carrasquillo shall, inter alia:
(a) Furnish the City with a bond with corporate surety in the 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;
(b) Protect, indemnify and save harmless the City from all suits or claims for damages which may arise directly or indirectly as a result of the erection and use of the one (1) story building addition serving as a porch that is described in Section 1 of this Ordinance;
(c) Comply with the provisions of The Philadelphia Code, thereby securing all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions as may be required;
(d) Insure that the one (1) story building addition serving as a porch authorized by Section 1 does not exceed the dimensions set forth in Section 1;
(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; and
(f) Remove the one (1) story building addition serving as a porch and authorized by Section 1 from the public right-of-way within sixty (60) days upon lawful service of notice from the City of Philadelphia.
SECTION 3. 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 4. The permission granted to Angel Carrasquillo to construct a one (1) story building addition serving as a porch on and over the west footway of Fifth street adjacent to the property 2434 north Fifth street shall expire without any further action by the City of Philadelphia if Angel Carrasquillo has not entered into the Agreement and satisfied all requirements of the Agreement that are listed in Section 2 within one (1) year after this Ordinance becomes law.
SECTION 5. This Ordinance shall not become effect 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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