may be the basis for a determination to modify the
obligations under this subsection.
(E) The conditions specified in this
subparagraph shall be covenants that run with the
land and shall be binding upon the lessee, any
sublessee and their respective successors and
assigns. Should the lessee, any sublessee or any of
their respective successors or assigns permit the
leasehold premises or any portion of the leasehold
premises, to be used in a manner inconsistent with
these conditions, all rights and interests in the
lease shall terminate immediately.
(ii) (Reserved).
(2) (Reserved).
(g) Land use restriction.--All leases authorized or
referred to under this section shall include the condition
that no portion of the parcels shall be used as a licensed
facility, as defined in 4 Pa.C.S. § 1103 (relating to
definitions), or any other similar type of facility
authorized under the laws of this Commonwealth. This
condition shall be a covenant running with the land and shall
be binding upon the lessee and sublessees and their
respective successors and assigns. Should any portion of any
parcel authorized to be leased under this section be used in
violation of this subsection, the lease shall terminate
immediately.
(h) Other required measures.--Nothing in this section
may affect or otherwise limit the requirements of the
provisions of the act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments Act, which
may require further measures to provide for public access and
use of the land and adjacent water.
(i) Conditions binding.--The conditions imposed under
this section shall be covenants that run with the land and
shall be binding upon the lessee, any sublessee and their
respective successors and assigns. Should the lessee, any
sublessee or any of their respective successors or assigns
permit the parcels authorized to be leased under this
section, or any portion of the parcels, to be used in a
manner inconsistent with the conditions contained in this
section, all rights and interests in the lease authorized
under this section shall terminate immediately.
(j) Costs and fees.--Costs and fees incidental to the
lease authorized under this section shall be borne by the
lessee, including the costs incurred by the Department of
General Services and the Department of Environmental
Protection in preparation, execution and review of the lease,
nondisturbance agreements and related documents.
(k) Expiration.--In the event that the lease authorized
by this section does not occur within three years following
the effective date of this section, the authority contained
2018/90NAD/SB0817A08910 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51