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.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney