Text of Bills Introduced by City Council on 4/17/08

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Subject:	Text of Bills Introduced by City Council on 4/17/08
From:	Michael.Decker@phila.gov
Date:	Apr 18, 2008 5:08 pm

Attachment #0	Bill No. 08040800.pdf
Attachment #1	Bill No. 08040100.pdf
Attachment #2	Bill No. 08040200.pdf
Attachment #3	Bill No. 08040300.pdf
Attachment #4	Bill No. 08040400.pdf
Attachment #5	Bill No. 08040500.pdf
Attachment #6	Bill No. 08040600.pdf
Attachment #7	Bill No. 08040700.pdf

Bill No. 08040800.pdf
View original document

City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107

BILL NO. 080408

Introduced April 17, 2008

Councilmember Clarke

Referred to the
Committee on Streets and Services

AN ORDINANCE

Granting permission to Howard Foreman, owner of the Island Caribbean Restaurant,
1338-44 Rising Sun Ave., for a raised deck encroachment for accessory seating for the
restaurant, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Permission is hereby granted to Mr. Howard Foreman, owner of the Island
Caribbean Restaurant, 1338-44 Rising Sun Ave., Philadelphia, Pa 19140, for an
encroachment of a raised deck for seating accessory to an existing restaurant along Rising
Sun Avenue and Westmoreland Street as follows:

Raised Deck: 18" high beginning at a point of eight (8) feet south of the south curb line
of Rising Sun Ave, and approx fifty nine (59) feet east of the east intersecting point of
Westmoreland St and Rising Sun Ave. This deck is approx thirty two (32) feet long by
six (6) feet wide and continues onto the footway of Westmoreland St for approx twelve
(12) feet. This encroachment leaves approx eight (8) feet of clear footway space on
Rising Sun Ave and six (6) feet of clear sidewalk space on Westmoreland St.

SECTION 2. Before exercising any rights or privileges under this Ordinance, Mr.
Howard Foreman must first obtain all required permits, licenses and approvals from all
appropriate departments, boards, agencies or commissions. No such department, board,
agency or commission shall be required to issue any such permit, license or approval
solely because this Ordinance has been enacted, it being the express intent of this
Ordinance not to supersede any other provision of law governing the issuance of such
permits, licenses or approvals. In addition, Mr. Howard Foreman shall enter into an
agreement ("Agreement") with the appropriate City department(s), in a form satisfactory
to the Law Department, which shall:

City of Philadelphia

BILL NO. 080408 continued

City of Philadelphia - 2 -
(a) furnish the City with a bond with corporate surety in the amount required
by the Streets Commissioner and in a form satisfactory to the Law Department to insure
compliance with all of the terms and conditions of this Ordinance and the aforementioned
agreement;

(b) protect, indemnify and save harmless the City from all suits or claims for
damages which may arise directly or indirectly as a result of the raised deck;

(c) comply with the provisions of The Philadelphia Code thereby securing all
required permits, licenses and approvals from all appropriate departments, boards,
agencies or commissions, as may be required;

(d) agree in writing that when, at the determination of the City of
Philadelphia, the raised deck necessitates relocation and/or removal of any underground
structure, either publicly or privately owned, Mr. Howard Foreman will absorb all costs
and expenses for the performance of such work at no cost to the City;

(e) insure that the raised deck encroaches on Rising Sun Avenue and
Westmoreland Streets no more than the dimensions listed in Section 1, provided that the
Streets Department, in its sole unreviewable discretion, may allow minor variations of the
dimension limits of Section 1, within standard tolerances of current engineering practice;

(f) carry public liability and property damage insurance co-naming the City of
Philadelphia as an insured party in such amounts as shall be satisfactory to the Law
Department; and

(g) remove the raised deck within one hundred eighty (180) days upon service
of lawful written notice from the Streets Department.

SECTION 3. The Law Department shall include in the Agreement such other terms and
conditions, as shall be deemed necessary or appropriate in the interest of the City.

SECTION 4. The permission granted to Mr. Howard Foreman for an encroachment of a
raised deck for accessory seating to an existing restaurant shall expire without any further
action by the City of Philadelphia if Mr. Howard Foreman has not entered into the
Agreement and satisfied all requirements of the Agreement that are listed in Section 2
within one (1) year after this Ordinance becomes law.

SECTION 5. This Ordinance shall not become effective unless the sum of two hundred
dollars ($200.00) is paid into the City Treasury within sixty (60) days after this
Ordinance becomes law.

Bill No. 08040100.pdf
View original document

City of Philadelphia
City of Philadelphia                          - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080401


Introduced April 17, 2008


Councilmember Tasco
for
Council President Verna


Referred to the
Committee on Rules


AN ORDINANCE

To amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of
land located within an area bounded by Grays Ferry Avenue, 30th Street, Titan Street and 31st
Street.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Pursuant to Section 14-103 of The Philadelphia Code, The Philadelphia Zoning
Maps are hereby amended by changing the zoning designations of certain areas of land within an
area bounded by Grays Ferry  Avenue, 30th Street, Titan Street and 31st Street, from the existing
zoning designations indicated on Map "A" set forth below to the zoning designations indicated on
Map "B" set forth below.

SECTION 2.  This Ordinance shall become effective immediately.


City of Philadelphia

BILL NO. 080401 continued


City of Philadelphia                 - 2 -


City of Philadelphia

BILL NO. 080401 continued


City of Philadelphia                 - 3 -


City of Philadelphia

BILL NO. 080401 continued


City of Philadelphia                 - 4 -

Bill No. 08040200.pdf
View original document

City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107

BILL NO. 080402

Introduced April 17, 2008

Councilmember Tasco
for
Council President Verna

Referred to the
Committee on Public Property and Public Works

AN ORDINANCE

Authorizing the Commissioner of Public Property, on behalf of the City, to enter into an
amendment to an existing sublease between the Philadelphia Municipal Authority and the
City for the City's use of certain office space located at 100 South Broad Street, under
certain terms and conditions.

WHEREAS, on June 1, 1998 the Philadelphia Municipal Authority entered into a
ten year lease wherein it leased all or portions of the 3rd, 4th, 5th, and 6th floors in the
building located at 100 South Broad Street from LTB Limited Partnership;

WHEREAS, pursuant to Bill No. 980225, the City entered into a ten year sublease
wherein it subleased this same space from the Philadelphia Municipal Authority; and

WHEREAS, Council wishes to authorize an amendment to the sublease with the
Philadelphia Municipal Authority to, among other things, extend the term of the sublease
for an additional ten year period; now, therefore

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. The Commissioner of Public Property, on behalf of the City, is
hereby authorized to enter into an amendment to modify certain terms of a Sublease dated
June 1, 1998 between the Philadelphia Municipal Authority and the City of Philadelphia
for the City's use of certain office space located at 100 South Broad Street, Philadelphia,
Pennsylvania, under terms and conditions set forth in Exhibit "A" hereto, which shall,
among other things, extend the term of the Sublease for an additional ten year period.

City of Philadelphia

BILL NO. 080402 continued

City of Philadelphia - 2 -
SECTION 2. The City Solicitor is hereby authorized to review and to approve all
instruments and documents necessary to effectuate this Ordinance, which instruments and
documents shall contain such terms and conditions as the City Solicitor shall deem
necessary and proper to protect the interests of the City of Philadelphia and carry out the
purpose of this Ordinance.

City of Philadelphia

BILL NO. 080402 continued

City of Philadelphia - 3 -
EXHIBIT "A"

Sublease Terms

Area: 60,131 rentable square feet located on 3rd, 4th, 5th and 6th
floors. Tenant may reduce the amount of space under
certain terms and conditions.

Renewal Term: Ten (10) years.

Commencement Date and
Expiration Date: September 1, 2008 and to expire August 31, 2018.

Rental Rate: $16.50 per rentable square foot, full service, to escalate two
percent (2%) annually.

Tenant Improvements: Landlord shall furnish and install new paint and carpeting
throughout the premises. Modifications to the existing
configuration will be subject to a mutually acceptable plan
between Landlord and Tenant.

Common Area
Bathroom Facilities: The common area bathrooms will be retrofitted and
upgraded.

Operating Expenses and
Real Estate Taxes: Tenant shall pay any increase in operating Expenses and
Real Estate Taxes over a 2007 Base Year.

City of Philadelphia

BILL NO. 080402 continued

City of Philadelphia - 4 -

Bill No. 08040300.pdf
View original document

City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107

BILL NO. 080403

Introduced April 17, 2008

Councilmember Miller

Referred to the
Committee on Public Property and Public Works

AN ORDINANCE

Authorizing the Commissioner of Public Property and the Executive Director of
Fairmount Park to enter into a temporary easement agreement with the Southeastern
Pennsylvania Transportation Authority allowing SEPTA to use portions of 185 West
Allens Lane and 7301-7321 Cresheim Road, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. The Commissioner of Public Property and the Executive Director
of Fairmount Park are hereby authorized to enter into a temporary staging easement
agreement with the Southeastern Pennsylvania Transportation Authority allowing SEPTA
to use portions of 185 West Allens Lane and 7301-7321 Cresheim Road for staging
purposes.

SECTION 2. The temporary staging easement agreement shall be substantially in
the form set forth in Exhibit "1" attached hereto, with such changes as the City Solicitor
deems necessary or appropriate to protect the interests of the City.

City of Philadelphia

BILL NO. 080403 continued

City of Philadelphia - 2 -
EXHIBIT "1"

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 1 of 11
TEMPORARY STAGING EASEMENT AGREEMENT

This Easement Agreement ("Agreement") is made as of the ___day of March 2008, by
and between the City of Philadelphia, a body politic and corporate existing under the laws of the
Commonwealth of Pennsylvania, acting through its Fairmount Park Commission, with its
principal office located at 1515 Arch Street, 10th Floor, Philadelphia, Pennsylvania, 19102-1595,
and the Department of Public Property of the City of Philadelphia, with its principal office located
at Municipal Services Building, 10th Floor, 1401 John F. Kennedy Boulevard, Philadelphia,
Pennsylvania, 19102 (collectively, "City" or "Grantor"), and the Southeastern Pennsylvania
Transportation Authority ("SEPTA" or "Grantee"), a body corporate and politic which exercises
the public powers of the Commonwealth of Pennsylvania as an agency and instrumentality
thereof with its principal office located at 1234 Market Street, 10th Floor, Philadelphia, PA 19107-
3780.

BACKGROUND

WHEREAS, Grantor is the fee owner of Tax Parcels Numbers 78-4076200 and 78-
4003400 ("Parcels"), which are is located at 7301-7321 Cresheim Road and 185 W. Allens Lane
in the City of Philadelphia; and

WHEREAS, Grantee desires to perform an improvement project ("Project") at Allen Lane
Passenger Station ("Station"); and

WHEREAS, Grantee wishes to obtain a temporary staging easement ("Temporary
Staging Easement ") from Grantor over part of the Parcels for staging of the Project and Grantor
is willing to grant such Temporary Staging Easement over an area more particularly shown on
Exhibit "A" ("Easement Area") solely for the permitted use set forth in this Agreement; and

WHEREAS, Grantor is authorized to enter into this Agreement pursuant to an Ordinance
which the Mayor of the City of Philadelphia signed on March __, 2008 ("Ordinance"), a copy of
which is attached as Attachment B; and

WHEREAS it is understood and agreed that this Agreement does not and will not extend the
term of the 1968 Lease-Leaseback Agreement between the City and SEPTA.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor and Grantee, intending to be legally bound, agree as follows:

Section 1. Incorporation Of Recitals And Attachments.

The recitals above are hereby incorporated herein as if set forth in full. The attachments to
this Agreement are deemed to be a part hereof.
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 2 of 11
Section 2. Grant Of Temporary Staging Easement.

(a) Grantor hereby grants to Grantee the Temporary Staging Easement on the
Easement Area, the size of which shall not exceed that identified on Attachment A. Grantor
understands and acknowledges that Grantee will use the Temporary Staging Easement as a staging
area for the Project only during the implementation of the Project, but not to exceed two (2) years
in duration in accordance with Section 3 below.

(b) Grantee shall restore the area of the Temporary Staging Easement in accordance
with Exhibit "B" ("Specification for Restoration of Easement Area") upon the termination of
the Temporary Staging Easement.

(c) Grantee shall, at all times, coordinate with Grantor in a reasonable manner on all
matters relating to the Temporary Staging Easement.

Section 3. Term.

The term of the Temporary Staging Easement shall commence on April 1, 2008 and shall
terminate April 30, 2010 unless terminated earlier in accordance with the terms of this Agreement
("Term").

Section 4. Consideration.

In consideration for the rights and privileges set forth in this Agreement, Grantee shall
make available advertisement space for Fairmount Park on one (1) Monthly Trailpass per year of
the Term of the Agreement. Such advertisement will be limited to the Fairmount Park logo and
website address or, in the alternative, such other Fairmount Park related advertisement as agreed
to by Grantor and Grantee.

Section 5. Condition of Easement Area.

Grantor makes no representation or warranty, express or implied, in fact or in law, as to (a)
the title to the Easement Area, (b) any encumbrances, restrictions and conditions which may affect
the Easement Area, (c) the nature, condition or usability of the Easement Area, including but not
limited to the suitability of the Easement Area for Grantee's use, (d) the zoning of the Easement
Area, or (e) the compliance of the Easement Area with Applicable Laws (defined below in � 17).
Grantee is relying on its own independent inspection of the Easement area in its acceptance of the
Temporary Staging Easement and its exercise of the rights granted under this Agreement.
GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF FITNESS,
MERCHANTABILITY, AND SUITABILITY FOR INTENDED PURPOSE AND
HABITABILITY.
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 3 of 11
Section 6. Title.

No legal title or leasehold in the Easement Area other than the Temporary Staging
Easement granted by this Agreement, shall be deemed or construed to have been created or vested
in Grantee by anything contained in this Agreement.

Section 7. Alterations.

No structures, improvements, renovations, alterations, additions, modifications and/or
replacements thereof (collectively referred to herein as "Alterations") shall be affixed to or
located on or about the Easement Area without the prior written consent of Grantor.

Section 8. No Representation/Warranty.

Review, approval and/or inspection by Grantor of plans and specifications, work, or other
materials submitted by Grantee or performed by Grantee, its contractors and/or subcontractors, in
connection with this Agreement, shall not constitute any representation, warranty or guaranty by
Grantor to the Grantee, its contractors and/or subcontractors, or to any other person or firm as to
the substance or quality of the matter reviewed or approved. At all times, Grantee shall rely on its
contractors and/or subcontractors, and use its own independent judgment, as to the substance and
quality of all such matters. Such review, approval and/or inspection by Grantor under this
Agreement shall not constitute or be construed to constitute approval otherwise required under
Applicable Laws (defined below in � 17) by any of Grantor's departments, boards, and
commissions in connection with any and all aspects of any work.

Section 9. Maintenance and Repairs.

Grantee shall, at its sole cost and expense, maintain and repair the Easement Area
(including the Bus Shelter and all approved Alterations) and keep the Easement Area free from
dirt, rubbish, debris, snow and ice. Grantor shall have no responsibility whatsoever to maintain or
repair the Easement area.

Section 10. Liens; Encumbrances.

Grantee shall keep the Temporary Staging Easement and/or the real estate affected by such
Temporary Staging Easement free and clear of all liens, claims and encumbrances resulting or
arising from rights given to Grantee under this Agreement, any work or act performed by, or
materials furnished by Grantee or any party claiming by, through or under Grantee, or any party
under Grantee's direction or in privity of contract with Grantee. If any lien, claim or encumbrance
shall be filed against Grantor, or any interest of Grantor in the Temporary Staging Easement or
the real estate affected thereby, then Grantee at its sole cost and expense shall cause same to be
discharged of record by payment thereof, within sixty (60) days after the filing thereof. If Grantee
shall fail to so cause the same to be discharged of record within the sixty (60) day period, Grantor
may cause the same to be so discharged by payment, or otherwise, without investigation as to the
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 4 of 11
validity thereof or as to any counterclaims, offsets or defenses thereto. Grantee shall indemnify
and hold Grantor harmless against any and all claims, costs, damages, liabilities and expenses
(including reasonable attorneys' fees) which may be brought or imposed against or incurred by
Grantor by reason of such lien, claim or encumbrance or the discharge thereof. Grantee shall
perform no act nor make any representation to any person or entity that Grantee, its agents, its
representatives or entities under Grantee's direction or in privity of contract with Grantee are the
principal or agent of Grantor in any particular instance.

Section 11. Mechanics' and Materialmen's Liens.

Before commencement of any work on the Project or the Grantee's execution of any
contract for work on the Project to be performed, in, on or about the Easement Area, the Grantee
shall file or cause to be filed in the Office of the Prothonotary of the Court of Common Pleas of
Philadelphia County effective waivers of mechanics' and materialmen's liens, between itself and
any and all contractors and subcontractors, in form satisfactory to Grantor and approved in
writing by Grantor, and shall in addition include effective waivers of mechanics' and
materialmen's liens in all contracts with its contractors, and their subcontractors, and require in all
such contracts the execution by each contractor, subcontractor and materialmen of a release of
mechanics' and materialmen's liens in recordable form upon expiration or early termination of this
Agreement.

Section 12. No Consent.

Nothing contained in this Agreement shall be construed in any way as constituting the
consent or request of Grantor, express or implied, to any contractor, subcontractor, laborer or
materialman for the performance of any labor or the furnishing of any materials on, in and/or
about the Easement Area, nor as giving the Grantee any right, power or authority to contract for
or permit the rendering of any services or the furnishing of any materials that would give rise to
the filing of any lien against the Easement Area.

Section 13. Insurance.

(a) For Grantee to occupy and work upon the Easement Area, Grantee must possess the
insurance set forth below. Grantee, as a qualified self-insurer and instrumentality of the
Commonwealth of Pennsylvania, may self-insure the insurance required by this Agreement

(1) Workers' Compensation and Employers' Liability.

(i) Workers' Compensation: Statutory Limits.

(ii) Employers' Liability: $100,000 Each Accident - Bodily Injury by
Accident; $100,000 Each Employee - Bodily Injury by Disease; and $500,000
Policy Limit - Bodily Injury by Disease.

(iii) Other states' insurance including Pennsylvania.
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 5 of 11
(2) General Liability Insurance

(i) Limit of Liability: $1,000,000 per occurrence combined single limit or
bodily injury (including death) and property damage liability; $1,000,000 advertising
injury; $1,000,000 aggregate for products and completed operations.

(ii) Coverage: Premises operations; blanket contractual liability; personal
injury liability; products and completed operations; independent contractors and
employees as additional insureds; cross liability; broad form property damage
(including completed operations).

(3) Automobile Liability Insurance

(i) Limit of Liability: $1,000,000 per occurrence combined single limit
for bodily injury (including death) and property damage liability.

(ii) Coverage: Owned, non-owned, and hired vehicles.

(4) Builders Risk Insurance

Maintained throughout the life of the Project, covering the interests of the City,
contractors and subcontractors, as their interest may appear, which shall insure
against physical loss or damage to all property kept in the Easement Area and shall
cover reasonable compensation for contractors' or subcontractors' services or
expenses required as a result of such insured loss. Such insurance shall be equal to the
value of the Project on a replacement cost basis. Such insurance should also cover
property to be incorporated into the Project stored off-site and in transit for any
renovation or construction project.

(b) Prior to commencement of this Agreement, Grantee shall provide the Grantor
evidence of self-insurance. During the Term of this Agreement, Grantee shall provide a
demonstration of self-insurance meeting the foregoing requirements to the Grantor as reasonably
required by the Grantor.

Section 14. Indemnification.

Grantee hereby agrees to defend, indemnify, and hold harmless Grantor from all claims,
demands, suits, actions, expenses, or liability of any kind or nature whatsoever, brought for or on
account of injury to persons (including death) and damage to and loss of property which are
caused by Grantee's use and occupancy of the Easement Area, and to the extent which are due to
any act, omission, neglect or misconduct of Grantee's officers, agents, employees, invitees, or
patrons. It is specifically not intended, however, that Grantee either releases, indemnifies or
holds Grantor harmless for damages or injuries to persons (including death) caused by or due to
Grantor's own negligence or intentional conduct or otherwise caused by Grantor. Grantee shall
also not be liable for indemnifying Grantor against claims by an employee, agent, worker or
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 6 of 11
servant of Grantor, including claims for compensation or benefits payable to any extent by or for
Grantor under any worker's or similar compensation acts or other employee acts, or that of its
agents, employees, contractors, successors or assigns.

Nothing contained in this Agreement shall be or be deemed to be a waiver of Grantee's
immunities, limitations on damages, and defenses under 42 Pa.C.S. �� 8501 - 8564, and/or any
other law.

Section 15. Release.

Grantee does hereby remise, quitclaim, release and forever discharge, and by these
presents does for Grantee's agents, contractors, representatives and invitees (collectively the
"Releasors") hereby remise, quitclaim, release and forever discharge Grantor, and its employees,
agents, officers, representatives, boards and commissions (acting officially or otherwise)
(collectively the "Releasees") from any and all, and all manner of, actions and causes of action,
suits, claims and demands whatsoever at law or in equity which Grantee and/or Releasors may
have against any Releasees relating in any way whatsoever (i) to the condition on or within the
Easement Area and the real estate upon which the Easement Area is located, (ii) to the entry onto
or by, or the presence of, Grantee or Releasors on the Easement Area, or (iii) relating in any way,
to the exercise of any rights or performance of any obligations under this Agreement.

Section 16. Default and Termination.

(a) If Grantee shall default in the performance or observance of any of the conditions and
covenants herein contained to be performed or observed by Grantee, and such default shall continue
for fifteen (15) days after written notice thereof from the City to Grantee (or if such default cannot
be cured with due diligence within said fifteen (15) day period, then within a reasonable period of
time agreed to by the City and Grantee in writing, but in no event longer than thirty (30) days), then
the City may:

(1) terminate this Agreement upon written notice to Grantee and all of the right,
title and interest of Grantee under this Agreement shall cease and expire and Grantee shall quit and
surrender the Easement Area to the City and the City may, in any manner permitted by law, re-enter
the Easement Area and take possession and use thereof;

(2) to exercise any and all other rights or remedies available in this Agreement, at
law or in equity.

(b) The rights and remedies of the City, whether provided at law or in equity, or by this
Agreement, shall be cumulative, and the exercise by the City of any one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other right or
remedy for any default or breach by Grantee unless otherwise expressly provided herein.

Section 17. Compliance with Applicable Laws.

(a) Grantee, at its sole cost and expense, shall comply with all Applicable Laws, as
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 7 of 11
defined herein, in connection with this Agreement. "Applicable Laws" shall mean all applicable
present and future federal, state, and municipal laws, ordinances, codes, rules, regulations,
statutes, orders and requirements, and the requirements of all insurance underwriters and of any
board of fire underwriters having jurisdiction, including without limitation, the City of
Philadelphia Home Rule Charter and The Philadelphia Code.

(b) Prior to exercising any rights granted to the Grantee under this Agreement, the
Grantee shall secure, at its sole cost and expense, any and all permits, licenses, and other legal
authorizations required in connection with this Agreement.

(c) This Agreement shall not be construed to constitute an approval, permit or license
required to be given by any City department or agency under any Applicable Laws.

Section 18. Survival.

Any and all agreements set forth in this Agreement which, by its or their nature, would
reasonably be expected to be performed after the expiration or earlier termination of this
Agreement shall survive and be enforceable after the expiration or earlier termination of this
Agreement. Any and all liabilities, actual or contingent, which shall have arisen during the Term
of this Agreement, shall survive any termination of this Agreement.

Section 19. Headings.

The headings in this Agreement are for convenience only and are not a part of this
Agreement. The headings do not in any way define, limit, describe or amplify the provisions of this
Agreement or the scope or intent thereof.

Section 20. Non-Waiver.

Nothing contained herein relating to the rights and obligations between the parties hereto
shall be deemed to be a waiver of the rights, immunities, and limitations that the Grantee enjoys
under the provisions of 42 Pa.C.S. � 8501 et seq., and other laws.

Section 21. No Construction Against Drafting Party.

No provision of this Agreement shall be construed against or interpreted to the disadvantage
of either Grantor or Grantee by any court or other governmental or judicial authority by reason of
such party having or being deemed to have drafted, structured or dictated such provision.

Section 22. Relationship.

Nothing in this Agreement shall be construed to render or constitute Grantor or Grantee in
any way or for any purpose to be a partner, joint venturer or associate in any relationship with the
other party nor shall this Agreement be construed to authorize either Grantor or Grantee to act as
agent for the other party except as expressly provided in this Agreement.
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 8 of 11
Section 23. Notices.

Any notice, consent, approval, statement, demand or other communication which is
provided for or required by this Agreement must be in writing and may be, at the option of the
party giving notice, delivered in person (including delivery by national overnight couriers such as
Federal Express) to any party or may be sent by United States Postal Service registered or
certified mail, with postage prepaid, return receipt requested. Any such notice or other written
communications shall be deemed to have been given (i) in the case of personal delivery, on the
date of delivery to the person to whom such notice is addressed as evidenced by a written receipt
signed by such person, (ii) in the case of overnight delivery, on the next business day following the
day it shall have been deposited with a national overnight courier, and (iii) in the case of registered
or certified mail, three (3) business days following the day it shall have been posted. For purposes
of notice or other written communications, the addresses may be changed at any time by written
notice given in accordance with this provision:

If to Grantor:
Executive Director
Fairmount Park Commission for Planning
One Parkway, 10th floor
1515 Arch Street
Philadelphia, PA 19102

and

Commissioner of Public Property
Department of Public Property
City Hall, Room 790
Broad and Market Street
Philadelphia, PA 19107

with a copy to:

Divisional Deputy City Solicitor
Real Estate and Economic Development Division
City of Philadelphia Law Department
One Parkway Building
1515 Arch Street, 17th Floor
Philadelphia, PA 19102

If to Grantee:

General Counsel
Southeastern Pennsylvania Transportation Authority
1234 Market Street, 5th Floor
Philadelphia, PA 19107-3780
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 9 of 11
Grantor and Grantee each agree that upon giving of any notice, it shall use its reasonable
efforts to advise the other by telephone or facsimile machine that a notice has been sent
hereunder. Such telephonic or facsimile machine advice shall not, however, be a condit ion to the
effectiveness of notice hereunder.

Section 24. Waiver.

The failure of either party to insist upon strict performance of any of the terms or
provisions of this Agreement shall not be construed as a waiver or as a relinquishment for the
future of such term, provision, option, right or remedy. No waiver by either party of any term or
provision of this Agreement shall be deemed to have been made unless expressed in writing and
signed by such party.

Section 25. Binding Effect.

This Agreement shall inure to the benefit of and be binding on the parties and their
respective legal representatives, successors, successors-in-title and assigns.

Section 26. Amendments.

This Agreement and its provisions may be changed, waived, discharged or terminated onl y
by an instrument in writing executed by both parties.

Section 27. Severability.

If any provision of this Agreement or the application of any provision to any person or
circumstance is or becomes invalid or unenforceable to any extent, then the remainder of this
Agreement and the application of such provisions to any other person or circumstances shall not
be affected by such invalidity or unenforceability and shall be enforced to the greatest extent
permitted by law.

Section 28. Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original and all of which together shall comprise but a single document.

Section 29. Entire and Final Agreement.

This Agreement represents the entire agreement between Grantor and the Grantee as to the subject
matter of this Agreement and there are no collateral or oral agreements or understandings. This
Agreement shall not be modified in any manner except by an instrument in writing executed by
Grantor and the Grantee. No oral representations, whenever made, by any City official or
employee, shall be effective to modify the provisions of this Agreement.
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 10 of 11
Section 30. Limitation of Rights.

Nothing contained in this Agreement is intended, nor shall be construed, to create any
rights in the general public or in any parties other than those parties specifically designated in this
Agreement.

Section 31. Governing Law.

This Agreement shall be governed by and construed according to the laws of the
Commonwealth of Pennsylvania, and enforced only in state or federal courts located in
Philadelphia.

{The remainder of this page is left blank intentionally; signature page attached.}
BILL NO. 080403 continued

______________________________
Temporary Staging Easement
d.SEPTA.temp.const.easement.030308
Page 11 of 11
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this
Agreement on the date first written above.

Grantor:

Approved as to form: CITY OF PHILADELPHIA through its
Shelly R. Smith, City Solicitor FAIRMOUNT PARK COMMISSION,

Per: _____________________________ By: ______________________________
Senior Attorney Mark A. Focht, ALSA
Executive Director

CITY OF PHILADELPHIA DEPARTMENT
OF PUBLIC PROPERTY

By: _______________________________
Joan Schlotterbeck
Commissioner

Grantee:

SOUTHEASTERN PENNSYLVANIA
TRANSPORTATION AUTHORITY,

By: _______________________________
Joseph M. Casey
General Manager
BILL NO. 080403 continued

EXHIBIT "A"

DESCRIPTION OF EASEMENT AREA
BILL NO. 080403 continued

BILL NO. 080403 continued

EXHIBIT "B"

SPECIFICATIONS FOR RESTORATION OF EASEMENT AREA

1. DESCRIPTION

Pursuant to Section 2(b) of the Temporary Staging Easement Agreement, Grantee shall restore the
Easement Area upon the termination of the Temporary Staging Easement by planting Philadelphia-
native trees and bushes, and seeding with native grasses in accordance with the specifications set
forth below. Prior to the start of restoration, SEPTA shall submit a proposed planting schedule,
including source of plant material, to the Fairmount Park Commission (FPC) for review. No work
restoration work shall be performed until this schedule is approved by the FPC.

2. TREES and SHRUBS

A. Amount and Type: A total of 12 trees and 12 shrubs for the Easement Area using the following species:

Betula lenta Sweet birch Amelanchier canadensis Serviceberry
Carya glabra Pignut hickory Cornus racemosa Gray dogwood
Carya ovata Shagbark hickory Corylus americana Hazelnut
Cornus florida Flowering dogwood Hamamelis virginiana Witch-hazel
Fagus grandifolia American beech Kalmia latifolia Mountain laurel
Nyssa sylvatica Black gum Prunus americana American plum
Ostrya virginiana Hop-hornbeam Rhododendron maximum Rosebay
Quercus alba White oak Vaccinium angustifolium Low-bush blueberry
Quercus rubra Red oak Vaccinium corymbosum High-bush blueberry
Quercus montana Chestnut oak Viburnum acerifolium Maple-leaved viburnum
Tilia americana Basswood Viburnum dentatum Arrow-wood
Viburnum prunifolium Blackhaw

B. Planting Specifications:

a. Grantee shall purchase only balled and burlapped trees and container shrubs in compliance with
all applicable specifications.

b. All trees must have a single stem with a straight trunk, well�balanced crown, and intact leader,
shrubs must be multi-stemmed with a well-balanced crown.

c. All trees are to be a minimum of 1.0-1.25" caliper (measured 6" above ground level) and balled
and burlapped. Shrubs must be in a 2 gallon container minimum and at least 4 feet tall.

d. Branching height must be one-third to one-half of tree height.

e. Grantee shall provide Grantor each of their plant supplier's shipping lists for review and
approval after ordering, PRIOR to supplier's shipping any plant material. Only specified plant
species will be accepted. No cultivated varieties (cultivars) are acceptable.

f. Grantee will not accept trees or shrubs with girdling root systems.

g. All stock must be healthy and vigorous and be free of damage from disease, mishandling or
poor pruning. Plants that have evidence of stress, disease, dieback or mishandling will be
rejected.

h. Plant materials must be selected from certified nurseries that have been inspected by state and/or
federal agencies. Nursery inspection certificates shall be furnished to the FPC upon request.

i. The nursery supply source shall certify that the origin of the seeds from which the trees and
shrubs were produced is from Hardiness Zone 6, east of the Mississippi River.
BILL NO. 080403 continued

j. Plant material collected from the "wild" is prohibited.

k. Trees and shrubs damaged in handling or transportation may be rejected by Grantor.

3. SEED

A. Seed shall consist of the amounts and species specified below:

COVER CROP : � pound per 1000 square feet
Avena sativa Annual oats
GRASSES, SEDGES, RUSHES AND FORBS : � pound per 1000 square feet
Carex flaccosperma Blue wood sedge 12%
Carex pensylvanica Pennsylvania sedge 12%
Elymus canadensis Canada rye 25%
Juncus tenuis Path rush 15%
Aster cordifolius Blue wood aster 6%
Aster divaricatus White wood aster 6%
Eupatorium rugosum White snakeroot 5%
Polygonatum biflorum Solomon's seal 5%
Smilacina racemosa False-Solomon's seal 8%
Solidago ceasia Blue-stem goldenrod 6%

B. Seed weights designated are for Pure Live Seed (PLS). Herbaceous seed shall be installed at a rate of � lb
per 1000 square feet and a cover crop of annual oats (Avena sativa) at a rate of � lb per 1000 square feet. Seed can be
obtained from Ernst Conservation Seed in Meadville, PA (1.800.873.3321) and/or from the Brandywine Conservancy in
Chadds Ford, PA (610.388.8327). Please see the lists at the end of this document for site specific mixes.

C. Substitutions

a. All tree and seed substitutions must be approved by the FPC prior to purchase
and planting.

b. If a substitute is selected, it must be native to Philadelphia County,
Pennsylvania and of the same size, value, and quality as the original plant.

4. PLANTING AND SEEDING SPECIFICATIONS

A. Mulch. Grantee shall use only organic mulch: Ground or shredded hardwood, free from
deleterious materials, including seed of invasive species and wood from allelopathic species such as
Acer platanoides and Juglans nigra.

B. Weed-free Straw and Salt Hay. Grantee shall use only Salt hay or straw is to be free of
weed seeds.

C. Tree and Shrub Installation

a. All woody material must be planted in the spring (March 15 - June 15) or fall
(Sept. 15 � Dec.15). If Grantee chooses to plant Red maple, American
hornbeam, Tulip poplar, hickories, Beech, Sassafras or Black gum they
must be planted in early spring.
BILL NO. 080403 continued

b. Trees and shrubs are to be planted in a random pattern to mimic their natural
setting. They are not to be planted in rows, or with equal distance between
each. The Grantee shall field locate all tree locations. The FPC or its
designated representative must inspect and approve tree/shrub location, spacing
and planting techniques prior to proceeding.

c. All planting pits shall be dug so the walls of pits are vertical or sloping outward
in heavy soils. Scarify the walls of the pit after digging.

d. Excavate the planting pit to at least 1-� times the width of the root mass of the
plant to be installed.

e. The planting pit shall be deep enough to allow the top of the soil surface of the
plant to be flush with the existing grade after soil in the bottom of the hole is
tamped.

f. Remove all debris from the pit and tamp loose soil in the bottom of the pit by
hand.

g. Do not handle the plant by the branches, leaves or stem.

h. Place the plant straight in the center of the planting pit, carrying the plant by the
root mass. Never lift or carry a plant by the trunk or branches.

i. Carefully cut and remove all wire baskets that are packaging the root system
using the least amount of disturbance as possible.

j. Cut and remove all ropes around the burlapped ball. Remove all nails. Drop
the burlap down to the bottom of the hole.

k. Backfill planting pit with existing soil and tamp firmly to fill all voids and air
pockets. Do not over compact soil. Make sure plant remains straight during
backfilling/tamping procedure.

l. The top of the root mass of the trees/shrubs should be flush with, or slightly
elevated (no more than 1/8 its height) above the final grade. Do not cover stem
with soil.

m. Water plants thoroughly immediately after planting to saturate backfill.
Watering shall occur of a sufficient quantity to saturate the backfill and shall be
applied slowly enough to sink into the soil avoiding runoff.

n. A layer of mulch should be placed around each tree and shrub installed. Mulch
should be applied to a depth between 3 to 4 inches with a radius of
approximately 24 inches from tree stem(s). No mulch is to rest directly against
any tree stem.

o. The Grantee shall leave no open planting pits at the close of each day.
BILL NO. 080403 continued

p. A plastic deer wrap shall be used to protect trees from deer damage. Tree wrap
shall be installed on each tree immediately after planting.

q. Maintain protection of trees during installation and maintenance periods. Treat,
repair or replace any damaged planting.

r. During planting, all areas shall be kept neat, clean and free of all trash and
debris, and all reasonable precautions shall be taken to avoid damage to existing
plants, turf, structures, and private property.

s. Remove all tags, labels, strings and wire from the plant materials, unless
otherwise directed by the FPC.

t. Final cleanup shall be the responsibility of the Grantee and consist of removing
all trash and materials incidental to the project and disposing of them off-site.
C. Seeding

a. Hydro-seed or hand broadcast only after all work in area is complete. Seed is to
be uniformly distributed throughout the entire Easement Area.

b. Spread a thin layer of salt hay or weed-free straw over the entire disturbed area
within 24 hours of seeding. Hay or straw shall be applied at the rate of 2 tons
per acre.

c. Seeding shall be performed between March 1 and May 15 or August 15 and
October 15. No seeding shall be performed on frozen ground or when the
temperature is 32�F/0�C or below.
BILL NO. 080403 continued

City of Philadelphia

BILL NO. 080403 continued

City of Philadelphia - 20 -

Bill No. 08040400.pdf
View original document

City of Philadelphia
City of Philadelphia                       - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080404


Introduced April 17, 2008


Councilmember Miller


Referred to the
Committee on Streets and Services


AN ORDINANCE

Authorizing the construction of a sewer and appurtenant work, required to alleviate
unsanitary conditions in a portion of East Willow Grove Avenue.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

      Section  1.  The  Procurement  Commissioner is hereby authorized to enter into a
contract for the  construction of a sewers and appurtenant work, in accordance with
Chapter 13-400 of The Philadelphia Code, required to provide public sewers to alleviate
unsanitary conditions, in the following locations:

East Willow Grove Avenue from Germantown Avenue to Winston Road


City of Philadelphia

BILL NO. 080404 continued


City of Philadelphia                 - 2 -

Bill No. 08040500.pdf
View original document

City of Philadelphia
City of Philadelphia                          - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080405


Introduced April 17, 2008


Councilmembers Miller and Clarke


Referred to the
Committee on Public Safety


AN ORDINANCE

Amending Chapter 10-800 of The Philadelphia Code, entitled "Safety," by adding a new
Section prohibiting the sale, possession, use or transfer of toy or imitation firearms which
substantially duplicate or can reasonably be perceived to be actual firearms, under certain
terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:


SECTION 1.  Chapter 10-800 of The Philadelphia Code is amended to read as follows:

CHAPTER 10-800. SAFETY.

*    *    *

�10-839. Unlawful sale or possession of toy or imitation firearms.

(1) No person shall sell, offer for sale, possess, transfer, use or attempt to use, any toy or
imitation firearm which substantially duplicates or can reasonably be perceived to be an
actual firearm, unless:

(a) Either:

(1) the entire exterior surface of such toy or imitation firearm is colored
white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or
bright purple, either singly or as the predominant color in a combination with other
colors, or


City of Philadelphia

BILL NO. 080405 continued


City of Philadelphia                        - 2 -
(2) such toy or imitation firearm is constructed entirely of transparent or
translucent materials which permits unmistakable observation of the toy or imitation
firearm's complete contents; and

(b) the barrel of such toy or imitation firearm, other than the barrel of any such
toy or imitation firearm that is a water gun, is closed with a blaze orange plug, inserted
in the barrel of such toy or imitation firearm, permanently affixed and recessed no more
than six (6) millimeters from the muzzle end of the barrel; and

(c) such toy or imitation firearm has legibly stamped thereon the name of the
manufacturer or some trade name, mark or brand by which the manufacturer can be
readily identified.

(2) Paragraph one of this section shall not apply to:

(a) any toy or imitation firearm that will be used only for or in the production of
television, theatrical, or motion picture presentations, provided, however, that such use
of any toy or imitation firearm complies with all applicable law, rules or regulations
concerning such use;

(b) non-firing collector replicas of antique firearms, not intended as toys, and
modeled on real firearms designed, manufactured and produced prior to 1898;

(c) decorative, ornamental, and miniature objects having the appearance, shape
and /or configuration of a firearm, including those intended to be displayed on a desk or
worn on items such as bracelets, necklaces and key chains, provided that the object
measures no more than thirty-eight (38) millimeters in height or eighty (80) millimeters
in length.

(3) The penalty for any violation of this Section shall be a fine of not more than three
hundred (300) dollars.

Bill No. 08040600.pdf
View original document

City of Philadelphia
City of Philadelphia                          - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080406


Introduced April 17, 2008


Councilmember DiCicco


Referred to the
Committee on Streets and Services


AN ORDINANCE

Amending Chapter 12-2400 of The Philadelphia Code, entitled "Towing And
Immobilizing Of Parked Or Abandoned Vehicles," by the addition and changing of
towing zone locations, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.  Chapter 12-2400 of The Philadelphia Code is hereby amended to read as
follows:

CHAPTER 12-2400. TOWING AND IMMOBILIZING OF PARKED OR
ABANDONED VEHICLES.

*      *       *

�12-2409.       Towing Zone Locations and Hours.

(1)     Hours as posted:

On all streets from Spruce to [Vine] Spring Garden street and
between the Schuylkill River and the Delaware River.

Broad street, from Vine street to Hunting Park avenue, both sides.


*      *       *

SECTION 2.  This Ordinance shall be effective immediately.


City of Philadelphia

BILL NO. 080406 continued


City of Philadelphia                           - 2 -
_________________
Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.

Bill No. 08040700.pdf
View original document

City of Philadelphia
City of Philadelphia                        - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107


BILL NO. 080407


Introduced April 17, 2008


Councilmember O'Neill


Referred to the
Committee on Technology and Information Services


AN ORDINANCE

Authorizing the City's Chief Information Officer, on behalf of the City, to enter into
multi-year contracts with one or more providers of on-line legal research services to be
used by various City and City-funded agencies, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

Section 1.      The Chief Information Officer is hereby authorized to enter into a contract
on behalf of the City with one or more providers of on-line legal research services to be
used by various City and City-funded agencies.  Such contracts may be for terms in
excess of one year, but not for terms in excess of four years, and shall include such terms
and conditions as the Chief Information Officer and the City Solicitor deem necessary or
appropriate in the interest of the City.  The City's total annual payment under all such
contracts shall not exceed $500,000.


City of Philadelphia

BILL NO. 080407 continued


City of Philadelphia                 - 2 -