Presenter
Presented by Mr. Ravenstahl
Title
Resolution granting unto Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, their successors and assigns, the privilege and license to construct, maintain and use at their own cost and expense, various building enhancements at 100 Seventh Street and Fort Duquesne Boulevard in the 2nd Ward, 6th Council District of the City of Pittsburgh.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. That Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, their successors and assigns, are hereby granted the privilege to construct, maintain and use at their own cost and expense, the following building enhancements at 100 Seventh Street and Fort Duquesne Boulevard:
Beginning at an elevation not less than 10 feet above sidewalk, is the aluminum and glass entrance canopy, which protrudes over the Seventh Street sidewalk, 4 feet 11 3/8 inches and is 2 feet 10 3/8 inches high. Also along Seventh Street is a canvas awning, not less than 12 feet above sidewalk elevation, which protrudes out 5 feet 3/8 inch and 3 feet 4 inch high, and a portion of curved canvas awning along Seventh Street (near the corner of Seventh Street and Fort Duquesne Boulevard) which protrudes out 2 feet 1 1/8 inch and is 4 feet high. Along Fort Duquesne Boulevard, is the remaining portion of the curved canvas awning (near the corner of Seventh Street and Fort Duquesne Boulevard) which protrudes out 4 feet 10 1/8 inch and is 4 feet high. Also along Fort Duquesne Boulevard are three other canvas awnings, which are all not less than 12 feet higher than sidewalk elevation. These canvas awnings vary in protrusion width - 1 foot 9 ¾ inch, 1 foot 11 5/8 inch, and 3 foot 9 3/8 inch, and are all 2 feet 7 ¾ inch high.
On the fourth floor, at an elevation of not less than 38 feet above sidewalk, are encroachments from various portions of the eifs cornice around building. Namely, at two locations along Seventh Street, protruding 0 feet 11 3/8 inch out and 2 feet high. Also, along Fort Duquesne Boulevard at two locations, the eifs cornice protrudes 1 foot ½ inch and 1 foot 3 3/8 inch and are both 2 feet high.
Then starting at approximate elevation of 148 feet above sidewalk at the fifth floor through the 17th floor, are balconies with hand railing, protruding out 2 feet 6 3/8 inch over the Seventh Street sidewalk. Also, along Fort Duquesne Boulevard is a portion of the balconies with hand railing, which protrudes out 0 feet 9 ½ inches, which are on the same floors and elevation as the ones along Seventh Street. All balconies are 4 feet 2 inches high and are each 10 feet higher than each previous one, as it relates to elevation.
The 18th floor has another balcony with hand railing, 11 feet higher than the one on the 17th floor, above Seventh Street. Again, it is 4 feet 2 inches high.
The Mezzanine level, or partial 19th floor, has a portion of the eifs cornice protruding into the Seventh Street right-of-way 0 feet 9 3/8 inch and into the Fort Duquesne Boulevard right-of-way 1 foot 2 5/8 inches at approximate elevation of 189 feet and both are 2 feet high.
The roof tower section of the building will have eifs cornice encroachment at approximate elevation of 202 feet. This occurs along Seventh Street, protruding 0 feet 10 inches into the right-of-way and along Fort Duquesne Boulevard, protruding 1 foot 2 5/8 inches, both being 1 foot 6 ¾ inches high. The roof crown (architectural embellishment) at approximate elevation 209 feet is 2 feet 6 3/8 inches high and protrudes into both the Seventh Street and Fort Duquesne Boulevard rights-of-way, being situate at the corner. The crown protrudes into Seventh Street 6 feet 7 ¼ inches and into Fort Duquesne Boulevard 9 feet 6 ¾ inches
in the 2nd Ward, 6th 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-546 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 Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, 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 Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, shall be responsible for and shall assume all liability, either of said Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, or 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 their grant that the City of Pittsburgh assumes no liability for damage to either persons, or property on account of their grant, and that Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, for themselves, their successors and assigns, 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 Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, 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 Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201, 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 Lincoln Property Company, 35 Highland Road, Suite 1104, Bethel Park, PA 15201.