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Authorizing the installation, ownership and maintenance of various encroachments in the vicinity of 4432 Main Street, 4436-42 Main Street and 4436R Main Street, Philadelphia, PA 19127, 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 ROCK VENICE, LLC (the “Owner”), to install, own and maintain encroachments (collectively, the “Encroachments”) in the vicinity of 4432 Main Street, 4436-42 Main Street and 4436R Main Street as specified in the Encroachments Description below, subject to all restrictions set forth in this ordinance:
Property: 4432 Main Street, Philadelphia, PA 19127; 4436-42 Main Street, Philadelphia, PA 191237; and 4436R Main Street, Philadelphia, PA 19127 (collectively, the “Properties”)
Encroachments Description: The Encroachments consist of two (2) bridges spanning the Manayunk Canal.
Bridge 1:
A proposed vehicular bridge with a pedestrian walkway, which will replace the existing smaller vehicular bridge, located approximately twenty feet, nine inches (20’-9”) West of the eastern corner of 4432 Main Street at the right-of-way of Main Street, and extending approximately thirty-four feet, eight inches (34’-8”) in width to the West, and approximately forty-seven feet (47’-0”) in length to the South. The bridge will connect to the existing grade at the gravel path on the North side of the Canal and cross the Manayunk Canal connecting to the existing grade at the former towpath/ railroad easement on the South side of the Manayunk Canal, as depicted on the proposed plan attached hereto as Figure 1.
Bridge 2:
A proposed elevated pedestrian bridge located approximately six feet three inches (6’-3”) West of the eastern corner of 4432 Main Street at the right-of-way of Main Street, and extending approximately nine feet (9’-0”) in width to the West, and approximately ninety-nine feet, seven inches (99’-7”) in length to the South. The bridge will connect to the second floor of the proposed new building at 4432-42 Main Street on the North side of the Canal and cross the Manayunk Canal connecting to the second floor of the proposed new building at 4436R Main Street on the South side of the canal, as depicted on the proposed plan attached hereto as Figure 2. The bridge will provide approximately fifteen feet of clearance above the gravel path on the North side of the canal and approximately twenty feet (20’-0”) of clearance at the canal wall on the South side of the canal.
SECTION 2. The construction, use and maintenance of the Encroachments described and 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, provided that the Department of Streets, in its sole, unreviewable discretion, may allow minor variations of the dimension limits of Section 1, within standard tolerances of current engineering practice.
SECTION 3. Before exercising any rights or privileges under this Ordinance, Owner must first obtain or have its 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, Owner shall enter into an agreement (the “Agreement”) with the appropriate City department or departments, satisfactory to the City Solicitor, to provide that Owner, inter alia:
(a) Maintains and keeps in good repair and working order the Encroachments to the satisfaction of the Streets Department;
(b) Agrees that upon one hundred and eighty (180) days’ notice from the City, it shall remove the Encroachment(s) at no cost and expense to the City of Philadelphia when given written notice to do so by the City of Philadelphia to accommodate a municipal or municipal-sponsored construction project;
(c) Shall 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, including but not limited to, Department of Streets approval as to the design and location of Encroachments prior to the installation of the Encroachments within the Encroachment Zone. 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) Shall 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 reason of the construction of the Encroachments;
(e) Shall 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 Owner is self-insured and is 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) Shall ensure that all construction contractors for the Encroachments 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;
(g) Shall 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 footway adjacent to the Encroachments described in Section 1;
(h) Indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons or damage to property arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of the Encroachments. Owner shall also agree to release the City from any and all claims relating to the Encroachments, including if ordered removed or when street, sidewalk or utility construction occurs;
(i) 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, or in lieu thereof, submit documentation in a form and content acceptable to the City that Owner self-assumes the liabilities and obligations normally covered by the Surety Bond; and
(j) Cause any subsequent successor or assign of any of the Encroachments authorized by this ordinance to enter into an Agreement with the City in a form satisfactory to the Department of Streets and City Solicitor.
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 Owner to install, own and maintain the Encroachments described in Section 1 shall expire without any further action by the City of Philadelphia if Owner has not entered into an Agreement and satisfied all requirements of the Agreement that are listed in Section 3 of this Ordinance within five (5) years after this Ordinance becomes law.
SECTION 6. The Streets Department is further authorized to allow for minor modifications of the type, quantity, location and dimension of the encroachments consistent with the intent of this Ordinance without requiring additional legislation.
SECTION 7. Fig. 1 and Fig. 2 to this Ordinance shall be kept on file by the Chief Clerk and shall be available for public inspection.
SECTION 8. This Ordinance shall not become effective unless the sum of two hundred dollars ($200.00), towards costs thereof, is paid unto the City Treasury within sixty (60) days after the date this Ordinance becomes law.
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