Presenter
Presented by Mr. Ravenstahl
AS AMENDED
Title
Resolution granting unto the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, their successors and assigns, the privilege and license to construct, maintain and use at their own cost and expense, foundations, planters, bollards, and trees with grates and (12) twelve decorative pedestrian lights on the sidewalk areas on Fifth Avenue, Lothrop Street, and Darragh Street in the 4th Ward, 8th Council District of the City of Pittsburgh.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. That the University of Pittsburgh their successors and assigns, are hereby granted the privilege to construct, maintain and use at thier own cost and expense:
Approximately one hundred fifty feet (150') of 9'-7" wide by 16" deep (minimum) reinforced concrete foundation, extending 1'-4" under the existing street surface supporting new 8" diameter bollards, 8" from curb, along the eastern edge of the west sidewalk of Lothrop Street, from the building's loading dock access road at the northeast corner of the building site to the intersection of Lothrop Street and Fifth Avenue;
Four new planters, of varying size and shape, located adjacent to the street curb, near the intersection of Lothrop Street and Fifth Avenue with new 8" diameter bollards located between the planters. Both the new planters and bollards will be supported by new reinforced concrete foundations of varying width and depth (minimum depth 16");
Along the southern edge of the north sidewalk along Fifth Avenue between Lothrop Street and Darragh Street, approximately one hundred thirty foot (130') long x 2'-0" wide x 4'-6" deep grade beam adjacent to the street curb to support new 8" diameter bollards, 8" from curb, between the new planters near the intersection of Lothrop Street and Fifth Avenue and the new planters located along Fifth Avenue near the intersection of Darragh Street and Fifth Avenue;
Two new planters, of varying size and shape, located adjacent to the street curb along Fifth Avenue near the intersection of Darragh Street and Fifth Avenue with a new 8" diameter bollard located between the two planters. Both the new planters and bollards will be supported by new reinforced concrete foundations of varying width and depth (minimum depth 16");
At the intersection of Darragh Street and Fifth Avenue four (4) new 12" diameter removable bollards, located 4'-0" from curb to be supported by a 9'-7" wide x 24" deep (minimum) reinforced concrete foundation (foundation depth varies);
Approximately one hundred twenty feet (120') of reinforced concrete foundation, of varying width and depth (minimum depth 16"), to support 8" diameter bollards, 8" from curb along the western edge of the east sidewalk of Darragh Street from the intersection of Darragh Street and Fifth Avenue to the building's loading dock access road at the northwest corner of the building site. Approximately one hundred eight feet (108') of the new foundation extends 1'-4" under the existing street surface. Additionally, there will be six trees with grates and (12) twelve decorative pedestrian lights at these locations, in the 4th Ward, 8th 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-549 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 the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, their successors and assigns, 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 their own cost and expense.
Section 6. That the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, shall be responsible for and shall assume all liability,either of said the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, or teh City of Pittsburgh, for damages to eprsons or property by reason of the consturction, maintenance and use of said encroachment and it is a condition of their grant that the City of Pittsburgh assumes no liability for damage to eitehr persons, or property on account of their grant, and that the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260 University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, for themselves, their successors and assigns, shall, by accpeting the terms of their Resolution, hereby harmless and defend the City of Pittsburgh from any and all damages and claims for damages arising by reason of said cons for themselves, thier successors and assigns, shall by accpeting teh terms of thier Resolution, hereby indemify, save harmless and defend the City of Pittsburgh from any all damages and claims for damages arising by reason of saidf construction, maintenance and use.
The University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, shall maintain in effect during the entire period of their 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: Their Resolution shall become null and void unless within 120 days after its approval the said the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260, their successors and assigns, shall file with the Department of Public Works their certificate of acceptance of the provisions thereof, said certificate to be executed by the University of Pittsburgh, 3400 Forbes Avenue, Pittsburgh, PA 15260.