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File #: 220576    Version: Name:
Type: Bill Status: ENACTED
File created: 6/9/2022 In control: Committee on Streets and Services
On agenda: Final action: 6/15/2023
Title: Authorizing Howard Foreman ("Owner") to install, own and maintain various encroachments, including but not limited to, a proposed fence and other structures at 1338-44 Rising Sun Avenue, Philadelphia, PA 19140, and other locations abutting the Caribbean Feast Restaurant, ("the Property"), under certain terms and conditions.
Sponsors: Council President Clarke, Councilmember Parker
Indexes: ENCROACHMENT
Attachments: 1. 220576 - Exhibit, As Amended.pdf, 2. Bill No. 22057601, As Amended.pdf, 3. CertifiedCopy22057601.pdf
Title
Authorizing Howard Foreman ("Owner") to install, own and maintain various encroachments, including but not limited to, a proposed fence and other structures at 1338-44 Rising Sun Avenue, Philadelphia, PA 19140, and other locations abutting the Caribbean Feast Restaurant, ("the Property"), 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 Owner to install, own and maintain a proposed fence encroachment at the Property ("Encroachments") as set forth in the attached Exhibit A.

SECTION 2. The construction, use and maintenance of the Encroachment 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 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) agrees that upon thirty (30) days notice from the City, it shall remo...

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