SPECIAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA-ISAAC, DIAZ AND HODGES:
A SPECIAL ORDINANCE AUTHORIZING AN ENCROACHMENT IN THE RIGHT-OF-WAY ON SOUTH BROADWAY AND CARYL AVENUE, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
body
The City of Yonkers, in City Council convened, hereby ordained
and enacts:
Section 1. Permission is hereby granted to 636 South Broadway Partners, LLC, a related company of Macquesten Development (“Owner”), of 632 aka 636 South Broadway, Yonkers, New York 10701, also known as Section 1, Block 29, Lot 1, on the Official City Tax Map (the “Subject Property”), its successors and assigns, to maintain an encroachment upon the City right-of-way located on South Broadway and Caryl Avenue, in accordance with and as shown on a plan, 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 South Broadway and Caryl Avenue shall be paid by Owner, 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 Owner 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 Owner, its 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 up to a maximum of 4’ 0’’ (+/-) extending from the subject property line onto South Broadway and Caryl Avenue across the entire subject property line;
(e) That Owner, 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 sixty (60) days of approval of this permission to encroach. Thereafter, Owner 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 sixty (60) days written notice to Owner, whenever it may deem such revocation necessary; Upon revocation or termination of this permission, Owner, its successors and/or assigns shall immediately remove any improvement placed within said encroachment at the express direction of the City of Yonkers, at Owner’s cost and expense;
(g) That Owner, 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, including reasonable attorneys’ fees;
(h) That the City of Yonkers or its authorized representatives shall be permitted entry upon the area of encroachment upon reasonable notice, except in the event of an emergency, for any
reason;
(I) That Owner shall remit a one-time administrative fee of $1,100.00 payable to City of Yonkers;
(J) That the requested encroachment is required in connection with the excavation and installation of Support of Excavation (“SOE”) piles in connection with the redevelopment of the Property with an affordable 160- unit multi-family residential building with related parking and infrastructure; and
(k) That the SOE piles and sheeting are to be cut down five (5) feet below final grade and buried upon completion of underground construction
Section 3. This ordinance shall take effect immediately.