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Authorizing Gerald Rothstein and Frederick Mumenthaler, owners of the property located at 1921-23 South Bancroft Street, to legalize an existing encroachment in the right-of-way located on the east public footway of Bancroft 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 Gerald Rothstein and Frederick Mumenthaler, 310 Powhattan Avenue, Essington, Pennsylvania, 19029, owners of the property located at 1921-23 South Bancroft Street, Philadelphia, Pennsylvania, 19145, to legalize the construction of the following right-of-way encroachment:
Encroachment Description
An aluminum second floor balcony located approximately two hundred-fourteen feet (214') south of the south curbline of Mifflin Street. The balcony is sixteen feet (16') long and projects four feet (4') onto the east public footway of Bancroft Street.
SECTION 2. Before exercising any rights or privileges under this Ordinance, Gerald Rothstein and Frederick Mumenthaler 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 or privileges under this Ordinance, Gerald Rothstein and Frederick Mumenthaler shall enter into an agreement (“Agreement”) with the appropriate City department or departments, satisfactory to the City Solicitor, to provide that Gerald Rothstein and Frederick Mumenthaler shall, inter alia:
(a) upon one hundred and eighty (180) days notice from the City, remove the encroachment described in Section 1 without cost or expense to the City and shall remove the encroachment described in Section 1 at no cost or 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;
(b) 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, and to protect and indemnify the City from and against all damages or claims for damages which may arise directly or indirectly as a result of the construction, maintenance or use of the encroachment described in Section 1 or their removal;
(c) 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) 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 the reason of the construction or removal of the encroachment described 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) 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 right-of-way of any affected streets.
SECTION 3. The construction, use and maintenance of the encroachment described 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 and the Department of Streets, 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 4. The City Solicitor shall include in the Agreement such other terms and conditions deemed necessary to protect the interests of the City.
SECTION 5. The permission granted to Gerald Rothstein and Frederick Mumenthaler to legalize the encroachment described in Section 1 shall expire without any further action by the City of Philadelphia if Gerald Rothstein and Frederick Mumenthaler have not entered into an Agreement and satisfied all requirements of the Agreement that are listed in Section 4 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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