Bill 260025

..Title Authorizing the installation, ownership, and maintenance of various encroachments along the 300 Block of South Broad Street, Philadelphia, PA 19102, under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Permission is hereby granted to AVENUE OF THE ARTS, INC. ("AOA") to install, own, and maintain encroachments in the vicinity of the 300 Block of South Broad Street (the "Encroachment") as follows: Encroachment Description: Various encroachments including a proposed raised granite curb, median planter box, two (2) sculptures, and a total of sixty-two (62) private lights will be located on the 300 Block of South Broad Street between Pine Street and Spruce Street encroaching on the cartway in the center median starting at a point approximately one hundred thirty-six feet four inches (136'-4") north of the Pine Street north curbline and extending to a point approximately one hundred thirty-six feet three inches south of the Spruce Street south curbline. 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, AOA 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, AOA shall enter into an agreement ("Agreement") with the appropriate City department or departments, satisfactory to the City Solicitor, to provide that AOA, inter alia: (a) Maintains and keeps in good repair and working order the Encroachments to the satisfaction of the Streets Department; (b) Agrees that upon one hundred and eighty (180) days' notice from the City, it shall remove the Encroachment(s) at no cost and 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; (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 the 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 AOA 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) Indemnifies and holds harmless the City, its officers, employees and agents from and against any and all loss resulting from injury to, or death to persons or damage to properties arising out of, resulting from, or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of the Encroachment. AOA 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; and (i) Furnishes 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, or in lieu thereof, submit documentation in a form and content acceptable to the City that AOA self-assumes the liabilities and obligations normally covered by the Surety Bond. (j) Causes any subsequent successor or assign of any of the Encroachments authorized by this Ordinance to enter into an Agreement with the City in a form satisfactory to the Department of Streets and City Solicitor. 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 AOA to install, own, and maintain the Encroachment described in Section 1 shall expire without any further action by the City of Philadelphia if AOA 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. ..End