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File #: 2020-0436    Version: 1
Type: Resolution Status: Passed Finally
File created: 6/19/2020 In control: Committee on Public Works
On agenda: 6/23/2020 Final action: 7/7/2020
Enactment date: 7/7/2020 Enactment #: 313
Effective date: 7/9/2020    
Title: Resolution authorizing the Mayor and the Director of the Department of Public Works to enter into a Temporary Right of Entry and License Agreement between the City of Pittsburgh and the four HOMEOWNERS for the purpose of repairing the slope through soil stabilization at the rear of the HOMEOWNERS' property adjacent and in FRICK Park.
Indexes: LEASE/LICENSE AGREEMENT
Attachments: 1. 2020-0436 Cover Ltr ROE Frick Park, 2. Summary 2020-0436

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Resolution authorizing the Mayor and the Director of the Department of Public Works to enter into a Temporary Right of Entry and License Agreement between the City of Pittsburgh and the four HOMEOWNERS for the purpose of repairing the slope through soil stabilization at the rear of the HOMEOWNERS’ property adjacent and in FRICK Park. 

 

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WHEREAS, Shaina L. Kaiser, Charles D. Kaiser, and Laura A. Kaiser, owning 7324 Trevanion Avenue, Swissvale, and Alexander Mychovsky, owning 7326 Trevanion Avenue Swissvale, (collectively “THE HOMEOWNERS”) own homes adjacent to FRICK Park at which a retaining wall failed, causing landslide and other unsafe terrain and soil conditions in FRICK Park; and

 

WHEREAS, THE HOMEOWNERS seek temporary access to City owned property to do the needed work, repairing the slope through soil stabilization at the rear of the HOMEOWNERS’ property; and

 

WHEREAS, THE HOMEOWNERS has represented that they will cover the complete cost of repairing the slope through soil stabilization at the rear of THE HOMEOWNERS’ property; and

 

WHEREAS, THE CITY OF PITTSBURGH, as the owner of FRICK Park and the Trustee of FRICK Park for the benefit of the people of the City, seeks to preserve the safety of its people and the integrity of FRICK Park; and

 

WHEREAS, THE CITY OF PITTSBURGH is willing to grant a Temporary Right of Entry allow to THE HOMEOWNERS to repair the slope through soil stabilization at the rear of THE HOMEOWNERS’ property in FRICK Park subject to the terms and conditions set forth herein; and

 

WHEREAS, THE CITY OF PITTSBURGH is also willing to grant a Temporary License to THE HOMEOWNERS to allow the HOMEOWNERS and repair the slope through soil stabilization at the rear of THE HOMEOWNERS’ property in FRICK Park subject to the terms and conditions set forth in a Temporary Right of Entry and License Agreement.

Be it resolved by the Council of the City of Pittsburgh as follows:

 

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Be it resolved by the Council of the City of Pittsburgh as follows:

 

Section 1.              Intending to be legally bound, for and in consideration of the mutual premises hereinafter set forth, the parties hereto agree as follows:

 

Section 2.              The Mayor and the Director of the Department of Public Works of the City of Pittsburgh to enter into a Temporary Right of Entry and License Agreement with Shaina L. Kaiser, Charles D. Kaiser, and Laura A. Kaiser, private individuals owning the residential property at 7324 Trevanion Avenue,  Swissvale,  and Alexander Mychovsky, a private individual owning the residential property at 7326 Trevanion Avenue Swissvale,  (collectively “THE HOMEOWNERS”), abutting Frick Park for the purpose of repairing the slope through soil stabilization at the rear of the HOMEOWNERS’ property abutting Frick Park.  The Temporary Right of Entry and License Agreement shall be approved by the City Solicitor as to form and substance.