Bill 040515

..Title Authorizing Chemical Heritage Foundation, 315 Chestnut Street, Philadelphia, PA 19106-2702, its successors and assigns, to construct, own and maintain a variable height masonry retaining wall planter on the north footway of Chestnut Street adjacent to their property, under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Chemical Heritage Foundation, its successors and assigns, are hereby authorized to construct, own and maintain the following structures: Variable Height Retaining Wall The variable height retaining wall with planting area is located approximately sixty feet (60') west of the west curbline of S. 3rd Street and is approximately fifty feet (50') in length. The retaining wall encroaches approximately five feet (5') onto the north footway of Chestnut Street leaving twelve feet (12') of clear unobstructed footway. SECTION 2. The construction, use and maintenance of the variable height retaining wall 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. SECTION 3. Before exercising any rights or privileges under this Ordinance, Chemical Heritage Foundation 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, Chemical Heritage Foundation shall enter into an agreement ("Agreement") with the appropriate City department or departments, in a form satisfactory to the Law Department, to provide that Chemical Heritage Foundation shall, inter alia: (a) agree that upon one hundred and eighty (180) days notice from the City, it shall remove the variable height retaining wall without cost or expense to the City 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 Law Department 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 variable height retaining wall or its removal, or in lieu thereof, submit documentation in a form and content acceptable to the City that Chemical Heritage Foundation self-assumes liabilities and obligations normally covered by 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 due to the construction of the variable height retaining wall; (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 Law Department, or in lieu thereof, submit documentation in form and content acceptable to the City that Chemical Heritage Foundation 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 variable height retaining wall 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 Law Department; (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 footway on Chestnut Street adjacent to the property. SECTION 4. The Law Department 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 Chemical Heritage Foundation to construct, own and maintain the variable height retaining wall described in Section 1 shall expire without any further action by the City of Philadelphia if Chemical Heritage Foundation 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 the costs thereof, is paid into the City Treasury within sixty (60) days after this Ordinance becomes law. ..End