Title
Authorizing encroachments in the nature of a sidewalk café in the vicinity of 2636 East Ann Street, Philadelphia, PA 19134, under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Permission is hereby granted to the owner of the property identified below, currently, NEMI PROPERTIES LLC (the “Owner”), to install, own, and maintain an encroachment at the Property, as follows:
Encroachment Description:
Property: 2636 East Ann Street, Philadelphia, PA 19134 D/B/A Nemi Restaurant
A sidewalk café located as follows, with a minimum of five feet (5’-0”) of clear passable sidewalk space to remain after installation of each part identified below:
A total of twenty-six (26) tables and fifty-two (52) seats for a sidewalk café will be located along the west sidewalk of Ann Street along the property line of 2636 East Ann Street and the north sidewalk of East Thompson Street along the property line of 2636 East Ann Street written in two parts:
Part 1
Six (6) tables and twelve (12) seats will be located adjacent to the building and will encroach a distance of approximately four feet (4’-0”) towards the east along the west footway of East Ann Street starting from a point approximately fifteen feet seven inches (15’-7”) north of the East Thompson Street north curbline to a point appropriately fourteen feet four inches (14’-4”) farther north leaving a minimum eight feet (8’-0”) of clear unobstructed footway.
Part 2
Twenty (20) tables and forty (40) seats will be located adjacent to the building and encroach a distance of approximately four feet (4’-0”) towards the south along the north footway of East Thompson Street starting from a point approximately fifteen feet three inches (15’-3”) west of the East Ann Street west curbline to a point approximately fifty-seven feet one inch (57’-1”) farther west leaving a minimum five feet (5’-0”) of clear unobstructed footway.
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 (“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 Encroachment to the satisfaction of the Streets Department;
(b) Agrees to remove or relocate any or all of the Encroachment of this Ordinance from the public right-of-way within thirty (30) days after lawful service of notice by the City of Philadelphia. Such notice may be given when:
1. The Department of Streets has determined that the sidewalk café no longer meets the City’s placement requirements; the sidewalk café or any portion of the Encroachment must be removed to accommodate a municipal or municipally sponsored public project; or the Streets Department has granted a temporary permit to close the sidewalk; or
2. The Department of Licenses and Inspections has determined that the sidewalk café is no longer being used as such; the restaurant to which the café is accessory has been temporarily or permanently closed for violation of any City, state, or federal law and/or regulation; or the sidewalk café is being operated in violation of any ordinance, rule, or regulation of the City of Philadelphia;
(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 Encroachment;
(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 insure that all construction contractors for the Encroachment 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 Encroachment 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 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 Encroachment. Owner shall also agree to release the City from any and all claims relating to the Encroachment, 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 Law Department to insure 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 9-208 of the Code;
(k) Limit the hours of operation for the sidewalk café to:
• Tuesday-Thursday: 11:30 am to 9:30 pm
• Friday: 11:30 am to 10:30 pm
• Saturday: 4 pm to 10:30 pm
• Sunday: 4 pm to 9:30 pm;
(l) Limit the number of seats in the sidewalk café to fifty-two (52) seats; and
(m) Agree to manage the sidewalk café in a manner that prevents nuisance behavior as that term is defined under Chapter 9-4400 of The Philadelphia 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 Encroachment 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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