COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 051537
Giving permission to TWA Lofts,
LLC, to construct and maintain landscaping, planters, a bike rack and trash
receptacles in the public right-of-way for the building at 1735 Baltimore
Avenue.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to TWA Lofts, LLC, as owner and permittee, to
construct and maintain landscaping, planters, a bike rack and trash receptacles
in the public right-of-way for the building at 1735 Baltimore Avenue as shown
on drawings known as Exhibit A.
Section 2. That
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 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 3. That
the permission 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 4. That
if the construction for which permission is herein given includes excavation,
as defined in the Underground Facility Safety and Damage Prevention Act,
section 319.010 through 319.050, Revised Statutes of Missouri, the permittee
shall observe and comply with the requirements of the Act. A permit for any
excavation shall be required from the City Engineer.
Section 5. The
installation has received the approval of the Municipal Art Commission.
_____________________________________________
Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant City Attorney