Council ActionCommittee on Public Property and Public Works
RECESSED
Other recorded action without a published tally.
Official action detail
Source: LegislationDetail.aspx · gridLegislation
Full Bill
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The Commissioner of Public Property is hereby authorized to enter into an easement agreement (Easement Agreement) with Northwest 15th Street Associates allowing Northwest 15th Street Associates to use portions of 1515 Arch Street for the following purposes:
(i) for pedestrian ingress and egress to and from the proposed Staff Entrance;
(ii) to provide secure bicycle storage and for pedestrian and bicycle ingress and egress to and from such storage area;
(iii) to construct and maintain underground utilities for the benefit of the proposed building; and
(iv) to permit construction of the proposed building with northwesterly-facing windows.
SECTION 2. The Easement Agreement shall be substantially in the form set forth in Exhibit A attached hereto, with such changes as the City Solicitor deems necessary or appropriate to protect the interests of the City.
SECTION 3. Permission is hereby granted to Northwest 15th Street Associates, or their designees, to construct, use and maintain a continuous, wrap-around marquee attached to the proposed building to be located at the northwest corner of 15th and Arch Streets that will encroach upon portions of 15th and Arch Streets as follows (Marquee):
The proposed Marquee projects approximately seven feet (7'-0) onto the north footway of Arch Street, and is approximately eighty-nine feet seven inches (89'-7) in length, with a minimum clearance of approximately eleven feet seven and one-half inches (11'-7 1/2) above Arch Street.
The proposed Marquee projects approximately seven feet (7'-0) onto the west footway of 15th Street, and is approximately two hundred two feet and ten and one-half inches (202'-10 ½) in length, with a minimum clearance of approximately eleven feet seven and one-half inches (11'-7 1/2) above 15th Street.
SECTION 4. Permission is hereby granted to Northwest 15th Street Associates, or their designees, to construct, use and maintain a foundation encroachment that will encroach under portions of 15th, Arch and Cherry Streets as follows (Foundation Encroachment):
The foundation footing parallel to 15th Street is 292'-0 long, encroaching 4'-6 to the east of the 15th Street property line, starting at depths ranging from 29'-8 to 34'-1 below the first floor elevation (Philadelphia vertical datum 27.45') and extending 5'-0 further in depth.
The foundation footing parallel to Arch Street is 132'-6 long, encroaching 4'-6 to the south of the Arch Street property line, starting at depths ranging from 29'-8 to 34'-1 below the first floor elevation (Philadelphia vertical datum 27.45') and extending 5'-0 further in depth.
The foundation footing parallel to Cherry Street is 132'-6 long, encroaching 4'-6 to the north of the Cherry Street property line, starting at depths ranging from 29'-8 to 34'-1 below the first floor elevation (Philadelphia vertical datum 27.45') and extending 5'-0 further in depth.
SECTION 5. The construction, use and maintenance of the Marquee described in Section 3 and the Foundation Encroachment described in Section 4 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 in the dimension limits of the Marquee described in Section 3 and the Foundation Encroachment described in Section 4, within standard tolerances of current engineering practices.
SECTION 6. Before exercising any rights or privileges under this Ordinance, Northwest 15th Street Associates must first obtain and 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.
SECTION 7. In addition, before exercising any rights and privileges under this Ordinance, Northwest 15th Street Associates shall enter into an agreement (Encroachment Agreement) with the appropriate City departments, satisfactory to the City Solicitor, to provide that Northwest 15th Street Associates
inter alia
:
(a) agree that upon one hundred and eighty (180) days notice from the City, it shall remove the Marquee, or any portion thereof, without cost or expense to the City when given written notice to do so by the City of Philadelphia to accommodate a municipalor 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 City Solicitor to insure the compliance with all the terms and conditions of this Ordinance and the Encroachment 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 Marquee (or its removal) and/or the Foundation Encroachment, or in lieu thereof, submit documentation in a form and content acceptable to the City that Northwest 15th Street Associates 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;
(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 reason of the construction of the Marquee or Foundation Encroachment;
(e) carry public liability and property damage insurance, co-naming the City of Philadelphia as an additional 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 Northwest 15th Street Associates 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 Marquee and Foundation Encroachment carry public liability and property damage insurance, naming the City of Philadelphia as an insured party, in such amounts as shall be 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, relation or reconstruction of any of their respective facilities which may lie within the public right-of-way of any affected streets.
SECTION 8. The City Solicitor shall include in the Encroachment Agreement such other terms and conditions as shall be deemed necessary to protect the interests of the City.
SECTION 9. The permission granted to Northwest 15th Street Associates to construct, use and maintain the Marquee described in Section 3 and Foundation Encroachment described in Section 4 shall expire without any further action by the City of Philadelphia if Northwest 15th Street Associates has not entered into an Encroachment Agreement and satisfied all the requirements of the Encroachment Agreement that are listed in Section 7 of this Ordinance within (1) year after this Ordinance becomes law.
SECTION 10. This Ordinance shall not become effective unless the sum of two hundred dollars ($200), toward costs thereof, is paid into the City Treasury within sixty (60) days after the date this Ordinance becomes law.
End