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Granting permission to Exclusive Enterprises, Inc., owner of the property 210 East Lippincott Street, Philadelphia, PA 19134 to operate and maintain an open-air sidewalk cafe on the west footway of B street adjacent to 210 East Lippincott street, 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 Exclusive Enterprises, Inc., owner of the property 210 East Lippincott Street, Philadelphia, PA 19134, to operate and maintain an open-air sidewalk cafe with twenty-four (24) tables encroaching four feet (4’) on the west footway of B street adjacent to the property 210 East Lippincott street, leaving a minimum unobstructed footway of eight feet (8’).
The tables are located from a point fifteen feet (15’) south of the south curb line of East Lippincott street to a point sixty-four feet (64’) south of the south curb line of East Lippincott street.
SECTION 2. Before exercising any rights or privileges under this Ordinance, Exclusive Enterprises, Inc. 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, Exclusive Enterprises, Inc. shall enter into an agreement (“Agreement”) with the appropriate City department(s), in a form 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 of Philadelphia from all suits or claims for damages which may arise directly or indirectly as a result of the open-air sidewalk cafe;
(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;
(d) agree in writing that when, at the determination of the City of Philadelphia, the open-air sidewalk cafe necessitates relocation and/or removal of any underground structure, either publicly or privately owned, Exclusive Enterprises, Inc. will absorb all costs and expenses for the performance of such work at no cost to the City;
(e) insure that the twenty-four (24) tables for the open-air sidewalk cafe encroach on the west footway of B 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; and
(g) remove the open-air sidewalk cafe within thirty (30) days upon service of lawful written notice from the Streets Department;
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 Exclusive Enterprises, Inc. to maintain and operate an open-air sidewalk cafe on the west footway of B street adjacent to the property 210 East Lippincott street shall expire without any further action by the City of Philadelphia if Exclusive Enterprises, Inc. 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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