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Authorizing various encroachments in the vicinity of 1849 Walnut St, Philadelphia, PA 19103, 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 the owner (the “Owner”) of the property identified below, currently ADR 1849 WALNUT STREET LP, to install, own, and maintain an encroachment at the Property, as follows:
Encroachment Description:
Property: 1849 Walnut St, Philadelphia, PA 19103
A total of seventeen (17) proposed concrete planters will be located along the east sidewalk of South 19th Street and the north sidewalk of Walnut Street along the property line and curbline of 1849 Walnut Street written in five parts:
Part 1: South 19th Street:
Seven (7) proposed concrete planters will encroach a distance of approximately four feet six inches (4’-6”) towards the east along the east curbline of South 19th Street starting from a point approximately forty feet nine inches (40’-9”) north of the Walnut Street north curbline to a point approximately sixty-nine feet eleven inches (69’-11”) farther north leaving a minimum of six feet five inches (6’-6”) of clear unobstructed footway.
Each proposed concrete planter is six feet three inches (6'3”) in length, three feet (3'-0”) in width and two feet (2’0”) in height.
Part 2: South 19th Street:
Four (4) proposed concrete planters will encroach a distance of approximately four feet six inches (4’-6”) towards the east along the east curbline of South 19th Street starting from a point approximately thirty-four feet four (34’-4”) south of the Samson Street south curbline to a point approximately sixty-three eight and half inches (67’-8”) farther south leaving a minimum of six feet six inches (6’-6”) of clear unobstructed footway.
Each proposed concrete planter is six feet three inches (6'-3”) in length, three feet (3'-0”) in width and two feet (2’0”) in height.
Part 3: Walnut Street:
One (1) proposed concrete planter will encroach a distance of approximately eight feet (8’-0”) towards the north along the north curbline of Walnut Street starting from a point approximately twenty feet six inches (20’-6”) east of the South 19th Street east curbline to a point approximately five feet (5’-0”) farther east leaving a minimum of twelve feet (12’-0”) of clear unobstructed footway.
The proposed concrete planter is five feet (5'-0”) in length, five feet (5'-0”) in width and two feet (2’0”) in height.
Part 4: Walnut Street:
One (1) proposed concrete planter will encroach a distance of approximately eight feet (8’-0”) towards the north along the north curbline of Walnut Street starting from a point approximately forty-nine feet six inches (49’-6”) east of the South 19th Street east curbline to a point approximately five feet (5’-0”) farther east leaving a minimum of twelve feet (12’-0”) of clear unobstructed footway.
The proposed concrete planter is six feet three inches (6'-3”) in length, five feet (5'-0”) in width and two feet (2’0”) in height.
Part 5: Walnut Street:
Four (4) proposed concrete planters will encroach a distance of approximately three feet (3’-0”) towards the south along the property line of 1849 Walnut Street starting from a point approximately twelve feet (12’-0”) east of the South 19th Street east curbline to a point approximately forty-three feet six inches (43’-6”) farther east leaving a minimum of twelve feet (12’-0”) of clear unobstructed footway.
Each proposed concrete planter is three feet (3'-0”) in length, three feet (3'-0”) in width and two feet (2’0”) in height.
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 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, Owner shall enter into an agreement (“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. 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) Indemnifies and hold harmless the City, its officers, employees and agents from and against any and all loss resulting from injury 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) Furnishes 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 Law Department to ensure 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;
(j) Shall adhere to all applicable requirements in The Philadelphia Code, including the
requirements set forth in Section 11-603 of the Code.
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 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 costs thereof, is paid into the City Treasury within sixty (60) days after the date this Ordinance becomes law.
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