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Granting permission to Green Street Collaborative, L.P., owner of the property 2019 – 2023 Green Street, Philadelphia, PA, to construct, own and maintain a two (2) exterior step encroachment to be built in conjunction with a new four (4) story multi-family dwelling, 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 Green Street Collaborative, L.P., P.O. Box 1367, Kulpsville, PA, 19443, owner of the property 2019-2023 Green Street, Philadelphia, PA, to construct, own and maintain a two (2) exterior step encroachment to be built in conjunction with a new four (4) story multi-family dwelling as follows:
Two (2) concrete steps are to be built on the north public footway of Green Street. Both steps are approximately eight feet (8') wide and project approximately ten feet (10') onto the public footway leaving twelve feet (12') of clear unobstructed footway. The approximate centerline location of each step is as follows: one hundred and sixty-nine feet (169') west of the west curbline of North 20th Street, and two hundred and five feet (205') west of the west curbline of North 20th Street.
SECTION 2. Before exercising any rights or privileges under this Ordinance, Green Street Collaborative, L.P. 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, Green Street Collaborative, L.P. shall enter into an agreement (“Agreement”) with the appropriate City department(s), satisfactory to the Law Department, which shall:
(a) furnish the City with a bond with corporate surety in the amount required by the Streets Commissioner and in a form satisfactory to the Law Department to insure compliance with all of the terms and conditions of this Ordinance and the aforementioned 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 two (2) exterior step encroachment;
(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) agree in writing that when, at the determination of the City of Philadelphia, the two (2) exterior step encroachment necessitates relocation and/or removal of any underground structure, either publicly or privately owned, Green Street Collaborative, L.P. will absorb all costs and expenses for the performance of such work at no cost to the City;
(e) insure that the two (2) exterior steps encroach on the north public footway of Green Street no more than the dimensions listed in Section 1, provided that the Streets Department, in its sole unreviewable discretion, may allow minor variations of the dimension limits of Section 1, within standard tolerances of current engineering practice;
(f) 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 Law Department;
(g) remove the two (2) exterior steps within thirty (30) days upon service of lawful written notice from the Streets Department; and
(h) give the City of Philadelphia and all public utility companies the right of access, ingress and egress for the purpose of inspection, maintenance, alternation, relocation or reconstruction of any of their respective facilities which may lie within the public right-of-way of north public footway of Green Street.
SECTION 3. The Law Department shall include in the Agreement such other terms and conditions as shall be deemed necessary or appropriate in the interest of the City.
SECTION 4. The permission granted to Green Street Collaborative, L.P. to construct, own and maintain the two (2) exterior step encroachment on the north public footway of Green Street shall expire without any further action by the City of Philadelphia if Green Street Collaborative, L.P. 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 effective unless the sum of two hundred dollars ($200.00) is paid into the City Treasury within sixty (60) days after this Ordinance becomes law.
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