Title
Authorizing Dranoff Properties, Inc., 3180 Chestnut Street, Philadelphia, Pennsylvania, to construct, own and maintain various encroachments within the City right-of-way on the east side of Broad Street between Rodman Street and South Street, the north side of South Street between Juniper Street and Broad Street and the south side of Rodman Street between Juniper Street and Broad Street, under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Permission is hereby granted to Dranoff Properties, Inc. to construct, own and maintain various right-of-way encroachments as follows:
Canopy/Overhang
One (1) canopy/overhang will encroach within the public right-of-way over the east sidewalk of the 500 block of South Broad Street and over the north sidewalk of the 1300 block of South Street. This canopy/overhang will be approximately forty one feet - three inches (41'-3) wide, as measured along the length of the sidewalk, will extend into the public right-of-way by a maximum of nine feet - five inches (9'-5) and will have a minimum clearance of approximately eleven feet - five inches (11'-5) above the sidewalk along Broad Street. This same canopy/overhang will encroach within the public right-of-way over the north sidewalk of the 1300 block of South Street. This canopy/overhang will be approximately one hundred eighty-five feet - four inches (185'-4) wide, as measured along the ength of the sidewalk, will extend into the public right-of-way by approximately five feet (5') and will have a minimum clearance of approximately eleven feet - five inches (11'-5) above the sidewalk.
Bay Windows
One (1) bay window will encroach within the public right-of-way over the south sidewalk of the 1300 block of Rodman Street. This bay window will be approximately twenty-six feet - one-half inch (26'- ½) wide, as measured along the length of the sidewalk, and will extend into the public right-of-way by approximately two feet (2') and have a minimum clearance of thirteen feet - four inches (13'-4) above the sidewalk.
One (1) bay window will encroach within the public right-of-way over the east sidewalk of the 500 block of S. Broad Street. This bay window will be approximately one hundred - seven feet (107') wide, as measured along the length of the sidewalk, and will extend into the public right-of-way by approximately two feet (2') and have a minimum clearance of twelve feet - ten inches (12'-10) above the sidewalk.
One (1) bay window shall encroach within the public right-of-way over the north sidewalk of the 1300 block of South Street. This bay window will be approximately fifty feet - eight and one-half inches (50'-8 ½) wide, as measured along the length of the sidewalk, and will extend into the public right-of-way by approximately two feet (2') and have a minimum clearance of fifteen feet - one inch (15'-1) above the sidewalk.
SECTION 2. Before exercising any rights or privileges under this Ordinance, Dranoff Properties, Inc. 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, Dranoff Properties, Inc. shall enter into an agreement (Agreement) with the appropriate City department or departments, satisfactory to the City Solicitor, to provide that Dranoff Properties, Inc., shall, inter alia:
(a) upon one hundred and eighty (180) days notice from the City, remove the encroachments described in Section 1 without cost or expense to the City and shall remove the encroachments 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 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 encroachments described in Section 1 or their removal, or in lieu thereof, submit documentation in a form and content acceptable to the City that self-assumes liabilities and obligations normally covered by a surety bond;
(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 encroachments 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, or in lieu thereof, submit documentation in form and content acceptable to the City that Dranoff Properties, Inc. 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) insure that all construction contractors for the encroachments described in Section 1 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; and
(g) 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 various encroachments 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 Dranoff Properties, Inc. to construct, own and maintain the encroachments described in Section 1 shall expire without any further action by the City of Philadelphia if Dranoff Properties, Inc. has 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.
End