Title
Resolution granting unto PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, their successors and assigns, an encroachment to construct, maintain and use at their own cost and expense, security bollards and planters for The Tower at PNC Plaza on the right-of-ways at 300 Fifth Avenue and Wood Street 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 PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, their successors and assigns, are hereby granted the privilege to construct, maintain and use at their own cost and expense, twelve (12) stainless steel security bollards, two feet (2’) below and above sidewalk grade (core structure) six inches (6”) in diameter, forty-five inches (45”) in height; three feet five inches (3’5”) back from face on curb. Decorative sleeves to be installed per Art Commission approval. Additionally, installation of five (5) decorative granite planters six feet (6’) to seven feet three inches (7’ 3”) in width by sixteen feet 3 inches (16’ 3”) to thirty three feet (33’) in length. A minimum of five feet (5’) sidewalk clearance to be maintained at all times. PNC Bank National Association must grant the City of Pittsburgh a pedestrian easement on their property to ensure that this five foot (5’) accesses is available; on the sidewalk areas at 300 Fifth Avenue and Wood Street, Lot and Block 1-H-256 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-802 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 PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, 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 PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, shall be responsible for and shall assume all liability, either of said PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, 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 PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, 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 PNC Bank National Association, 620 Liberty Avenue, 19th Floor, Pittsburgh, PA 15222, 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 $ 50,000.00
Damage
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.