Presenter
Presented by Mr. Hertzberg
Title
Resolution granting unto 623 Smithfield Associates LTD, 249 N. Craig St., Pittsburgh, Pennsylvania 15213, their successors and assigns, an encroachment to construct, maintain and use at their own cost and expense, a canopy, awnings and a sign on a portion of the sidewalk area of Sixth Avenue and Smithfield Street, in the 2nd 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 the 623 Smithfield Street Associates LTD, 249 N. Craig Street, Pittsburgh, Pennsylvania 15213:
On Sixth Street:
A steel canopy with skylight and steel suspension cables extending out 11' 2", 26' 6" in width, 12' 6" above a 12' sidewalk; fabric awnings extending 1' 6" over the sidewalk (total depth 3'), 11' 2" above the sidewalk and 142' in length
On Smithfield Street:
Three (3) bronze and steel canopies suspended by steel rods, extending 6' 6" out over a 12' sidewalk, 20' in width, 10' above the sidewalk area on Smithfield Street (Annex Building) and fabric awnings extending 1' 6" over the sidewalk (total depth 3'), 11' 2" above the sidewalk and 145' in length.
Corner of Smithfield and Sixth:
A steel semi-circular canopy with a skylight extending 10' over the sidewalk, 12' up above a 21' sidewalk and a double-sided metal identification sign extending 2' out from the building, 3' 6" wide, 12' in length over the sidewalk area at the corner of Smithfield and Sixth, 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-441 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 623 Smithfield Associates LTD, 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 623 Smithfield Associates LTD shall be responsible for and shall assume all liability, either of said 623 Smithfield Associates LTD 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 their grant that the City of Pittsburgh assumes no liability for damage to either persons, or property on account of their grant, and that 623 Smithfield Associates LTD, 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 623 Smithfield Associates LTD 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 623 Smithfield Associates LTD, 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 623 Smithfield Associates LTD.