SPECIAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA-ISAAC, DIAZ AND HODGES:
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A SPECIAL ORDINANCE AUTHORIZING AN ENCROACHMENT IN THE RIGHT-OF-WAY ON MCLEAN AVENUE, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
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The City of Yonkers, in City Council convened, hereby ordained and enacts:
Section 1. Permission is hereby granted to CITY OF NEW YORK (“NYC”), as owner of 750 McLean Avenue (aka 81 Cumberland Drive), Yonkers, New York 10701, also known as Section 6, Block 6224, Lot 32, on the Official City Tax Map (the “owner”), to maintain an encroachment upon the City right-of-way located on McLean Avenue, in accordance with and as shown on a survey, to be approved by the City Engineer;
Section 2. This permission to encroach is granted subject to the following terms and conditions, to wit:
(a) That the entire cost and expense of obtaining and thereafter maintaining the encroachment on McLean Avenue shall be paid by NYC, its successors and/or assigns without expense to or contribution by the City of Yonkers;
(b) That neither the approval of the above-referred survey by the
appropriate city official, nor the placement of any improvements by NYC upon said encroachment shall be deemed a waiver, or in any way affect the right, of the City of Yonkers to provide for construction or otherwise improve its right-of-way; provided further that the City of Yonkers reserves the right to assess the property benefited in like manner and in like effect as if approval had not been given by the City of Yonkers. That the granting of this permission shall in no way free or release NYC or any successors or assigns from the payment of any assessment hereafter imposed;
(c) That no permanent improvements other than those authorized herein shall be allowed on, above or under the encroachment area;
(d) That the permitted encroachment is limited to a maximum of 30’ 2” (+/-) X 5’ 2” (+/-) and will consist of a handicap access ramp extending from NYC’s main building entrance onto McLean Avenue;
(e) That NYC, its successors and/or assigns, shall secure all necessary permits and consents and shall secure and maintain a property damage and public liability insurance policy naming the City of Yonkers as insured, or as an additional named insured in the amount ($1,000,000 minimum) and form satisfactory to the City Engineer and the Corporation Counsel of the City of Yonkers and provide the City of Yonkers with evidence thereof within thirty (30) days of approval of this permission to encroach. Thereafter, NYC shall be responsible for providing, each January, a valid certificate of insurance confirming the coverages listed above to the Department of Engineering with a copy to the Corporation Counsel;
(f) The City of Yonkers reserves the right to revoke or terminate this
permission to encroach for any default of terms or conditions or for any other reason, upon thirty (30) days written notice to NYC, whenever it may deem such revocation necessary; Upon revocation or termination of this permission, NYC, its successors and/or assigns shall immediately remove any improvement placed within said encroachment at the express direction of the City of Yonkers, at NYC’s cost and expense;
(g) That NYC, its successors and/or assigns shall, for whatever period this permission remains in effect, save harmless and indemnify the City of Yonkers for any and all claims, actions, suits, judgments, demands, losses, damages, causes of action, including personal injury and/or death, including all costs related to the defense thereof;
(h) That the City of Yonkers or its authorized representatives shall be permitted entry upon the area of encroachment at any time and for any reason;
(I) That NYC shall remit a one-time administrative fee of $1,100.00 payable to City of Yonkers; and
(J) That the requested encroachment is required in connection with the provision of handicap access to the main entrance of the building which houses NYC’s Department of Environmental Protection Agency 7th Police Precinct.
Section 3. This ordinance shall take effect immediately.