THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Permission is hereby granted to Carmen Polutro and Joseph Polutro, owners of the property 2650 S. 15th Street, to operate and maintain an open air sidewalk cafe with six (6) tables approximately four feet (4') square with chairs to accommodate a total of twenty-four (24) occupants encroaching a maximum of five feet (5') onto the north footway of Oregon Avenue, leaving a minimum of nine feet (9') clear footway for pedestrians.
The first table is located approximately twenty-nine feet (29') west of the west curb line of S. 15th Street and the last table approximately seventy feet (70') west of the west curb line of S. 15th Street.
SECTION 2. Before exercising any rights or privileges under this ordinance, Carmen Polutro and Joseph Polutro must first obtain all required permits, licenses and approvals from all appropriate departments, boards, agencies or commission. 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, Carmen Polutro and Joseph Polutro shall enter into an agreement ("Agreement") with the appropriate City department(s), in a form satisfactory to the Law Department, which shall:
(a) furnish the City with a bond with corporate surety in the amount required by the Streets Commissioner and in a form satisfactory to the Law Department to insure compliance with all of the terms and conditions of this ordinance and the aforementioned agreement;
(b) protect, indemnify and save harmless the City from all suits or claims for damages which may arise directly or indirectly as a result of the open air sidewalk cafe;
(c) comply with the provisions of The Philadelphia Code thereby securing all required permits, licenses and approvals from all appropriate departments, boards, agencies or commissions, as may be required;
(d) agree in writing that when, at the determination of the City of Philadelphia, the open sidewalk cafe necessitates relocation and/or removal of any underground structure, either publicly or privately owned, Carmen Polutro and Joseph Polutro will absorb all costs and expenses for the performance of such work at no cost to the City;
(e) insure that the six (6) tables for the open air sidewalk cafe encroach on the northwest corner of S. 15th Street and Oregon Avenue no more than the dimensions listed in Section 1, provided that the Streets Department, in its sole unreviewable discretion, may allow minor variations of the dimension limits of Section 1, within standard tolerances of current engineering practice;
(f) 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;
(g) remove the open air sidewalk cafe within thirty (30) days upon service of lawful written notice from the Streets Department.
SECTION 3. The Law Department shall include in the Agreement such other terms and conditions, as shall be deemed necessary or appropriate in the interest of the City.
SECTION 4. The permission granted to Carmen Polutro and Joseph Polutro to maintain and operate an open air sidewalk café on the northwest corner of S. 15th Street and Oregon Avenue shall expire without any further action by the City of Philadelphia if Carmen Polutro and Joseph Polutro have not entered into the Agreement and satisfied all requirements of the Agreement that are listed in Section 2 within one (1) year after this ordinance becomes law.
SECTION 5. This ordinance shall not become effective unless the sum of two hundred dollars ($200.00) is paid into the City Treasury within sixty (60) days after this ordinance becomes law.
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