ORDINANCE NO. 900258

Giving permission to Creative Restaurant Management to construct and maintain a stepped platform, footings, railing, canopy and planters in public right-of-way for a building at 4749 Pennsylvania.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Creative Restaurant Management, as owner and permittee, to construct and maintain the stepped platform, footings, railing, canopy, and planters on a building at 4749 Pennsylvania as shown on drawings known as Exhibit "A".

Section 2. That all material, design and method of construction shall be in accordance with all applicable Codes and shall be subject to the approval of the Director of Codes Administration when final plans are submitted for a building permit.

Section 3. That in order to hold the City harmless from claims for bodily injury and for property damage arising out of the construction, the permittee shall keep in force a policy of liability insurance in an amount not less than that required by the Building Code. In the event that the insurance requirements of the Building Code are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified Building Code standard.

Section 4. That the permission herein given shall be construed as a permit and not a grant and may be revoked by the Council at its discretion; upon revocation, the permittee or the owner of the property at the time of the revocation shall cause the removal of the construction and the restoration of the area without expense to the City.

Section 5. That if the construction for which permission is herein given includes "excavation" as defined in the "Underground Facility Safety and Damage Prevention Act of 1976", Sections 319.010 through 319.050, Missouri Revised Statutes, the permittee shall observe and comply with the requirements of the Act. A permit for any excavation shall be required from the City Engineering Division.

Section 6. The installation has been approved by the Municipal Art Commission.

Section 7. The installation has been approved by the Board of Parks and Recreation Commissioners.

Section 8. That accessibility and adaptability be provided in accordance with Section 9.1.103(1), Code of General Ordinances. _____________________________________________

Approved as to form and legality:

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Assistant City Attorney