Presenter
Presented by Mr. Hertzberg
Title
Resolution granting unto Jeffrey Joyce, Firewaters Northshore Saloon & BBQ, 120 Federal Street, Pittsburgh, Pennsylvania 15212, an encroachment to construct, maintain and use at his own cost and expense, a street café while the Clemente Bridge is closed to vehicular traffic on Federal Street, in the 22nd Ward, 6th Council District of the City of Pittsburgh.
Body
Be it Resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. That Jeffrey Joyce, Firewaters Northshore Saloon & BBQ, 120 Federal Street, Pittsburgh, Pennsylvania 15212, is hereby granted the privilege to construct, maintain and use at his own cost and expense, a street café that will encompass an area of 40 x 45 which will consist of 1800 square feet from the building line to the double yellow line on Federal Street. Certain conditions must be met in order to satisfy this request: 1) Firewaters will hire two off duty City of Pittsburgh Police Officer to patrol the permitted area prior to, during and after each event. 2) Firewaters will hire an additional City of Pittsburgh Police Officer with an official vehicle after each event to be stationed at the intersection of Federal Street and Isabella Street. Firewaters will erect barricades at this intersection when the Clemente Bridge is reopened to vehicular traffic after each event. This will re-route Federal Street traffic coming from the Clemente Bridge onto Isabella Street. 3) Firewaters will remove the barricades at the intersection of Federal Street and General Robinson and at the intersection of Federal Street and Isabella Street no later than 2:00 a.m. following each event. 4) The time that the permitted area would be in use will begin prior to an event with the closing of Clemente Bridge and Federal Street as determined by the City of Pittsburgh, and end no later than 2:00 a.m. in the 22nd Ward, 1st Council District of the City of Pittsburgh
The said encroachment shall conform to the provisions of their resolution and in accordance with the Plan identified as Accession D-437 on file in the Division of Surveys, Department of Public Works.
Section 2. The said Grantee prior to the beginning of the construction of said encroachment shall submit to the Director of the Department of Public Works of the City of Pittsburgh a complete set of plans, in triplicate, showing the location and all details of said construction. Said plans and said construction shall be subject to the approval and supervision of the Director of the Department of Public Works.
Section 3. The encroachment herein granted shall be subject and subordinate to the rights of the City of Pittsburgh and its powers and supervision over City streets, and also to Resolutions of the City of Pittsburgh relating thereto, and to the provisions of any general Resolutions which have been or may be hereafter passed relating to said construction, maintenance and its use on City streets and compensation for same.
Section 4. The said Grantee shall bear the full cost and expense of the repair of any street pavement damaged, repair of sewer, water lines and other surface and sub-surface structures which may be in any way damaged or disturbed by reason of the construction, maintenance, use and operation of said construction. All work, including the repaving and repairing of any portion of the street damaged, shall be done in the manner and at such times as the Director of the Department of Public Works may order and shall be subject to their approval and supervision.
Section 5. The rights and privileges granted by their Resolution are granted upon the express condition that the City of Pittsburgh, without liability, reserves the right to cause the removal of said construction upon giving to the said Grantee at least three (3) months written notice through the proper officers, pursuant to a resolution of Council, to the said Jeffrey Joyce, to that effect and that the said Grantee shall when so notified at the expiration of the said three (3) months forthwith remove said construction and replace street to its original condition at his own cost and expense.
Section 6. That Jeffrey Joyce shall be responsible for and shall assume all liability, either of said Jeffrey Joyce or of the City of Pittsburgh, for damages to persons or property by reason of the construction, maintenance and use of said encroachment and it is a condition of his grant that the City of Pittsburgh assumes no liability for damage to either persons, or property on account of his grant, and that Jeffrey Joyce, for himself, shall by accepting the terms of their Resolution, hereby indemnify, save harmless and defend the City of Pittsburgh from any and all damages and claims for damages arising by reason of said construction, maintenance and use.
That Jeffrey Joyce shall maintain in effect during the entire period of his license the following insurance for the protection of the City of Pittsburgh, all premiums being at the expense of the licensee, which insurance shall be non-cancelable except upon thirty (30) days written notice to said City and which insurance shall cover and name said City as an additional insured:
Public Liability
$100,000.00 -$300,000.00
Property Damage
$50,000.00
Prior to commencement of their license and as required by said City, from time to time licensee shall submit proof of the above insurance in the form of a certificate, duly attested by the proper officers or authorized representatives of a responsible insurance company.
Section 7. The foregoing rights and privileges are granted subject to the following conditions, to wit: This Resolution shall become null and void unless within 120 days after its approval the said Jeffrey Joyce, shall file with the Department of Public Works his certificate of acceptance of the provisions thereof, said certificate to be executed by Jeffrey Joyce.