HOUSE AMENDED
PRIOR PRINTER'S NOS. 1044, 1249
PRINTER'S NO. 1910
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
817
Session of
2017
INTRODUCED BY RAFFERTY, JUNE 29, 2017
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 21, 2018
AN ACT
Authorizing the Department of General Services to extend the
term of a certain lease of real property, being a portion of
the Southeastern Pennsylvania Veterans' Center in East
Vincent Township, Chester County.; AUTHORIZING THE DEPARTMENT
OF CONSERVATION AND NATURAL RESOURCES, WITH THE APPROVAL OF
THE GOVERNOR, TO GRANT AND CONVEY TO ROBBIE S. COHEN-
MILLSTEIN CERTAIN LANDS SITUATE IN NOCKAMIXON TOWNSHIP, BUCKS
COUNTY, IN EXCHANGE FOR ROBBIE S. COHEN-MILLSTEIN GRANTING
AND CONVEYING CERTAIN LANDS TO THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES, TO BE ADDED TO THOSE EXISTING LANDS AT DELAWARE
CANAL STATE PARK; AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE CONCURRENCE OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, TO LEASE TO PIER 35 1/2 LLC, OR ITS
NOMINEE, LAND WITHIN THE BED OF THE DELAWARE RIVER IN THE
CITY OF PHILADELPHIA; AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES, WITH THE CONCURRENCE OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, TO LEASE TO PENN TREATY VIEWS LLC,
OR ITS NOMINEE, LAND WITHIN THE BED OF THE DELAWARE RIVER IN
THE CITY OF PHILADELPHIA; AND AUTHORIZING THE DEPARTMENT OF
GENERAL SERVICES, WITH THE CONCURRENCE OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, TO LEASE TO K4 PHILADELPHIA, LLC,
OR ITS NOMINEE, LAND WITHIN THE BED OF THE DELAWARE RIVER IN
THE CITY OF PHILADELPHIA.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Extension of lease term.
Notwithstanding any other statutory provision to the
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contrary, the Department of General Services is authorized to
extend the original term of that certain Lease Agreement, #LML-
2016-1, for property being a portion of the Southeastern
Pennsylvania Veterans' Center in East Vincent Township, Chester
County, between the Commonwealth of Pennsylvania, acting by and
through the Department of General Services, with the approval of
the Department of Military Affairs and the Governor, and the
County of Chester, dated May 19, 2016, to a 15-year term, in
accordance with the terms and conditions of the lease agreement.
The lease agreement shall be on file with the Department of
General Services.
SECTION 2. CONVEYANCE IN NOCKAMIXON TOWNSHIP, BUCKS COUNTY.
(A) AUTHORIZATION.--THE DEPARTMENT OF CONSERVATION AND
NATURAL RESOURCES, WITH THE APPROVAL OF THE GOVERNOR, IS HEREBY
AUTHORIZED ON BEHALF OF THE COMMONWEALTH OF PENNSYLVANIA TO
GRANT AND CONVEY TO ROBBIE S. COHEN-MILLSTEIN CERTAIN LANDS
SITUATE IN NOCKAMIXON TOWNSHIP, BUCKS COUNTY, IN EXCHANGE FOR
THAT CERTAIN PROPERTY TO BE CONVEYED TO THE COMMONWEALTH OF
PENNSYLVANIA, ACTING BY AND THROUGH THE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES, IN ACCORDANCE WITH
SUBSECTION (C).
(B) CONVEYANCE OF LANDS TO ROBBIE S. COHEN-MILLSTEIN.--THE
PROPERTY TO BE CONVEYED IN ACCORDANCE WITH THIS ACT CONSISTS OF
APPROXIMATELY 0.10 ACRES, LOCATED IN NOCKAMIXON TOWNSHIP, BUCKS
COUNTY, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING AT AN IRON PIPE ON THE LINE BETWEEN THE
PROPERTY FORMERLY OF MARGARET COWPERTHWAITE AND THE PROPERTY NOW
OR LATE OF ROBERT AND REBECCA RANIERI, SAID IRON PIPE BEING ON
THE NORTH SIDE, 13.6 FEET PERPENDICULAR FROM THE CENTERLINE OF
STATE ROUTE 32, THENCE N 28°5' W, 62.35 FEET TO A POINT IN
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GALLOWS RUN, THENCE IN AND ALONG GALLOWS RUN, N 58°15' E, 56.64
FEET TO A POINT 8 FEET SOUTHWESTWARDLY FROM THE EDGE OF THE
DELAWARE CANAL, THENCE ALONG THE BANK OF THE CANAL, S 62°53' E,
19.88 FEET TO A POINT 8 FEET SOUTHWESTWARDLY FROM THE EDGE OF
THE DELAWARE CANAL, THENCE PARALLEL TO THE BANK OF THE CANAL, S
44°08' E, 26.95 FEET TO A POINT, THENCE ALONG LAND OF ROBBIE S.
COHEN-MILLSTEIN, S 45°52' W, 31.45 FEET TO A POINT ON THE WEST
EDGE OF A STONE WALL, THENCE ALONG LAND OF SAID COHEN-MILLSTEIN,
ALONG THE EDGE OF THE SAID STONE WALL, S 27°30' E, 33.3 FEET TO
A POINT ALONG THE EDGE OF STATE ROUTE 32, THENCE ALONG THE EDGE
OF STATE ROUTE 32, S 84°5' W, 48.33 FEET TO PLACE OF BEGINNING.
BEING THE SAME PREMISES CONVEYED TO THE COMMONWEALTH OF
PENNSYLVANIA FROM MARGARET COWPERTHWAITE, BY DEED DATED OCTOBER
12TH, 1967 AND RECORDED NOVEMBER 16TH, 1967 IN THE BUCKS COUNTY
RECORDER OF DEEDS OFFICE AT BOOK 1882, PAGE 904.
(C) CONVEYANCE OF LANDS TO COMMONWEALTH.--THE PROPERTY TO BE
CONVEYED IN ACCORDANCE WITH THIS ACT CONSISTS OF APPROXIMATELY
0.25 ACRES, LOCATED IN NOCKAMIXON TOWNSHIP, BUCKS COUNTY,
COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
BOUNDED ON THE WEST BY LANDS OF GREGORY AND JANE WUERSTLE, ON
THE NORTH BY THE DELAWARE RIVER, ON THE EAST BY GALLOWS RUN, AND
ON THE SOUTH BY THE TOWPATH OF THE DELAWARE CANAL. BEING KNOWN
AS BUCKS COUNTY, PENNSYLVANIA TAX MAP NUMBER 30-008-045. BEING
PART OF THE SAME PREMISES CONVEYED TO ROBBIE S. MILLSTEIN BY
DEED DATED DECEMBER 30TH, 2013 AND RECORDED DECEMBER 31ST, 2013
IN THE BUCKS COUNTY RECORDER OF DEEDS OFFICE AS INSTRUMENT
NUMBER 2013101582.
(D) CONDITIONS OF CONVEYANCE.--THE CONVEYANCES DESCRIBED IN
THIS SECTION SHALL BE MADE CONCURRENTLY AND UNDER AND SUBJECT TO
ALL LAWFUL AND ENFORCEABLE EASEMENTS, SERVITUDES AND RIGHTS OF
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OTHERS, INCLUDING, BUT NOT LIMITED TO, STREETS, ROADWAYS AND
RIGHTS OF ANY TELEPHONE, TELEGRAPH, WATER, ELECTRIC, GAS OR
PIPELINE COMPANIES, AS WELL AS UNDER AND SUBJECT TO ANY LAWFUL
AND ENFORCEABLE ESTATES OR TENANCIES VESTED IN THIRD PERSONS
APPEARING OF RECORD, FOR ANY PORTION OF THE LAND OR IMPROVEMENTS
ERECTED THEREON.
(E) DEEDS.--THE DEED OF CONVEYANCE OF THE PROPERTY DESCRIBED
IN SUBSECTION (B) SHALL BE BY SPECIAL WARRANTY DEED AND SHALL BE
EXECUTED BY THE SECRETARY OF CONSERVATION AND NATURAL RESOURCES
IN THE NAME OF THE COMMONWEALTH OF PENNSYLVANIA.
(F) COSTS AND FEES.--ALL COSTS AND FEES INCIDENTAL TO THE
CONVEYANCES CONTAINED IN THIS SECTION SHALL BE BORNE BY THEIR
RESPECTIVE PARTIES. THIS PROVISION SHALL NOT APPLY TO ANY TAXES
TO WHICH THE COMMONWEALTH IS IMMUNE.
(G) TIME PERIOD FOR CONVEYANCES.--IN THE EVENT THAT THESE
CONVEYANCES ARE NOT EXECUTED BY DECEMBER 31, 2019, THE
AUTHORIZATION CONTAINED IN THIS SECTION SHALL BECOME NULL AND
VOID.
SECTION 3. LAND WITHIN THE DELAWARE RIVER BED AND 709-711 PENN
STREET, CITY OF PHILADELPHIA.
(A) AUTHORIZATION.--THE COMMONWEALTH OWNS THE LANDS WITHIN
THE BED OF THE DELAWARE RIVER, A PORTION OF WHICH LANDS ARE
LOCATED IN THE 5TH WARD OF THE CITY OF PHILADELPHIA, AND
INCLUDES LANDS COMMONLY KNOWN AS 709 - 711 PENN STREET, PIER NO.
35 1/2 NORTH. THE DEPARTMENT OF GENERAL SERVICES, WITH THE
CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ACTING ON BEHALF OF THE COMMONWEALTH, IS AUTHORIZED TO LEASE,
FOR CONSIDERATION, TO PIER 35 1/2 LLC, OR ITS NOMINEE
(HEREINAFTER "LESSEE") FOR AN INITIAL TERM OF 99 YEARS, LAND
WITHIN THE BED OF THE DELAWARE RIVER IN THE CITY OF
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PHILADELPHIA, AND TO EXTEND THE PERIOD FOR ALL OR ANY PORTION OF
THE LEASED PREMISES FOR AN ADDITIONAL TERM OF UP TO 99 YEARS.
(B) DESCRIPTION OF PROPERTY.--THE LAND TO BE LEASED IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT OR PIECE OF GROUND TOGETHER WITH THE
IMPROVEMENTS THEREON ERECTED, SITUATE IN THE 5TH WARD OF THE
CITY OF PHILADELPHIA, PENNSYLVANIA AND SHOWN ON A BOUNDARY AND
TOPOGRAPHIC SURVEY MADE FOR PIER 35 1/2, LLC, PENN STREET &
FAIRMOUNT AVENUE, PIER 35 N, LOT 9, MAP 5 N 4, 5TH WARD, CITY &
COUNTY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA BY CONTROL
POINT ASSOCIATES, INC., DATED FEBRUARY 3, 2005 AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNING AT A POINT ON THE DIVIDING LINE BETWEEN LOT 9, MAP 5 N
4, LANDS NOW OR FORMERLY BERMAN AND LOT 16, MAP 6 N 6, LANDS NOW
OR FORMERLY ISLE OF CAPRI ASSOCIATES, L.P., SAID POINT BEING
DISTANT THE FOLLOWING TWO (2) COURSES AND DISTANCES FROM THE
INTERSECTION AND SOUTHEASTERLY RIGHT-OF-WAY LINE OF PENN STREET
(60 FOOT WIDE RIGHT-OF-WAY, LEGALLY OPEN) AND THE EASTERLY
RIGHT-OF-WAY LINE OF DELAWARE AVENUE (A.K.A. CHRISTOPHER
COLUMBUS BOULEVARD, A.K.A. SR. 2001, 150 FOOT WIDE RIGHT-OF-WAY,
LEGALLY OPEN):
A. ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF PENN STREET,
NORTH 43 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF
140.229 FEET TO A DRILL HOLE, THENCE;
B. ALONG THE DIVIDING LINE BETWEEN LOT 9, MAP 5 N 4 AND
LOT 16, MAP 6 N 6, SOUTH 47 DEGREES 02 MINUTES 00 SECONDS
EAST, A DISTANCE OF 194.573 FEET TO THE TRUE POINT AND PLACE
OF BEGINNING AND FROM SAID POINT OF BEGINNING RUNNING,
THENCE;
THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE DIVIDING
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LINE BETWEEN LOT 9, MAP 5 N 4 AND LOT 16, MAP 6 N 6:
1. SOUTH 67 DEGREES 54 MINUTES 00 SECONDS EAST, A
DISTANCE OF 125.667 FEET TO A POINT, THENCE;
2. SOUTH 46 DEGREES 04 MINUTES 40 SECONDS EAST, A
DISTANCE OF 361.500 FEET TO A POINT ON THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF FAIRMOUNT AVENUE (62 FOOT 2 INCH WIDE
RIGHT-OF-WAY, NOT OPEN, NOT ON THE CITY TAX REGISTRY), SAID
POINT IS 53.976 FEET ON A BEARING NORTH 71 DEGREES 40 MINUTES
00 SECONDS WEST FROM THE PIERHEAD LINE OF THE DELAWARE RIVER
(ESTABLISHED JANUARY 5, 1894, APPROVED BY THE SECRETARY OF
WAR SEPTEMBER 10, 1940), THENCE;
3. ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
FAIRMOUNT AVENUE, NORTH 71 DEGREES 40 MINUTES 00 SECONDS
WEST, A DISTANCE OF 527.937 FEET TO A POINT ON THE BULKHEAD
LINE OF THE DELAWARE RIVER, (ESTABLISHED JANUARY 5, 1894,
APPROVED BY THE SECRETARY OF WAR SEPTEMBER 10, 1940), THENCE;
4. ALONG THE BULKHEAD LINE OF THE DELAWARE RIVER, NORTH
43 DEGREES 17 MINUTES 06 SECONDS EAST, A DISTANCE OF 181.316
FEET TO THE POINT AND PLACE OF BEGINNING.
CONTAINING 51,839 SQUARE FEET OR 1.19006 ACRES
(C) LEASE AGREEMENT.--THE LEASE AND ANY OTHER DOCUMENTS
PROVIDED FOR UNDER THIS ACT SHALL BE APPROVED AS TO FORM AND
LEGALITY BY THE ATTORNEY GENERAL AND OFFICE OF GENERAL COUNSEL
AND SHALL BE EXECUTED BY THE DEPARTMENT OF GENERAL SERVICES,
WITH THE CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION, IN THE NAME OF THE COMMONWEALTH. THE LEASE SHALL
GRANT THE LESSEE, AND THE SUCCESSORS, ASSIGNS AND SUBLESSEES,
THE RIGHT TO USE THE PREMISES DESCRIBED IN SUBSECTION (B), OR TO
ASSIGN THE LEASE OR SUBLEASE OR PERMIT THE SUBLEASE OF PREMISES
DESCRIBED IN SUBSECTION (B) FOR THE PURPOSES OF THE PROPOSED
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DEVELOPMENT OF 41 TOWNHOUSES, EACH WITH PARKING FOR TWO CARS, 21
OF WHICH PARKING SPACES ARE IN THE LEASED AREA OR SUCH OTHER
USES AS MAY BE PERMITTED IN ACCORDANCE WITH APPLICABLE LAW,
INCLUDING, BUT NOT LIMITED TO, MUNICIPAL LAND USE REGULATIONS.
(D) SUBLEASE.--THE DEPARTMENT OF GENERAL SERVICES, WITH THE
CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ACTING ON BEHALF OF THE COMMONWEALTH, IS ALSO AUTHORIZED TO
ENTER INTO ONE OR MORE NONDISTURBANCE AGREEMENTS WITH ANY
SUBLESSEE OF THE PREMISES DESCRIBED IN THIS SECTION PURSUANT TO
WHICH THE COMMONWEALTH WILL AGREE THAT, IF THE COMMONWEALTH
SUCCEEDS TO THE INTEREST OF THE SUBLESSOR UNDER A SUBLEASE, IT
WILL NOT TERMINATE THE SUBLEASE UNLESS THE SUBLESSEE IS IN
DEFAULT.
(E) LAND USE RESTRICTION.--THE LEASES AUTHORIZED OR REFERRED
TO UNDER THIS SECTION SHALL INCLUDE THE CONDITION THAT NO
PORTION OF THE PARCELS MAY 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 AND SHALL PROVIDE THAT THE CONDITION SHALL BE A
COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING UPON THE
LESSEE AND SUBLESSEES AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS AND, SHOULD A PORTION OF A PARCEL AUTHORIZED TO BE
LEASED UNDER THIS ACT BE USED IN VIOLATION OF THIS SUBSECTION,
THE LEASE SHALL TERMINATE IMMEDIATELY.
(F) IMPROVEMENTS.--
(1) THE DEPARTMENT OF GENERAL SERVICES IS AUTHORIZED TO
EXECUTE, ON BEHALF OF THE COMMONWEALTH, ANY DECLARATION OR
OTHER DOCUMENT NECESSARY TO SUBMIT THE PREMISES DESCRIBED IN
SUBSECTION (B) OR A PORTION OF THE PREMISES AND ANY
IMPROVEMENTS ON THE PREMISES TO THE PROVISIONS OF 68 PA.C.S.
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PT. II SUBPT. D (RELATING TO PLANNED COMMUNITIES) AS A
PLANNED COMMUNITY.
(2) THE LEASE AGREEMENT SHALL CONTAIN THE FOLLOWING
TERMS AND CONDITIONS:
(I) THE LESSEE, THE SUBLESSEES AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, SHALL PROVIDE AND MAINTAIN AT
LEAST THE FOLLOWING FREE PUBLIC ACCESS TO THE RIVERFRONT,
FOR FISHING AND OTHER RECREATIONAL ACTIVITIES AND FREE
PUBLIC PARKING IN CONNECTION WITH THE ACCESS:
(A) A MINIMUM OF 10 PUBLIC PARKING SPACES
AVAILABLE AT ALL TIMES LOCATED PROXIMATE TO THE
PUBLIC WALKWAY NEAR THE WATER EDGE AND SIGNAGE
INDICATING THE PUBLIC PARKING.
(B) PUBLIC WALKWAYS ON THE RIVERFRONT, INCLUDING
WATER EDGE PROMENADES ALONG THE ENTIRE WATER EDGE OF
THE PROPERTIES AND ADJACENT TO THE WATER, PROVIDING
FREE PUBLIC ACCESS TO THE WATER AND ALLOWING FOR
PASSIVE AND ACTIVE RECREATIONAL ACTIVITIES YEAR ROUND
AND SIGNAGE INDICATING THE WALKWAYS ARE OPEN TO THE
GENERAL PUBLIC.
(C) PUBLIC ACCESS TO THE DELAWARE RIVER IN
ACCORDANCE WITH THE DELAWARE RIVER WATERFRONT
CORPORATION PLAN THAT IS CONSISTENT WITH THE
WATERFRONT SETBACK REQUIREMENTS SPECIFIED IN SECTION
14-216(6)(G) OF THE PHILADELPHIA CODE (ENACTED INTO
LAW BY AN ORDINANCE ENACTING BILL NO. 050465, PASSED
BY THE CITY COUNCIL ON JUNE 16, 2005, AND SIGNED BY
THE MAYOR ON JULY 8, 2005), OR IN ACCORDANCE WITH
SUCH OTHER PLAN AND SUCH OTHER MUNICIPAL ORDINANCE AS
MAY GOVERN SUCH PUBLIC ACCESS IN THE FUTURE.
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(D) SHOULD THE LESSEE, A SUBLESSEE OR ANY OF
THEIR RESPECTIVE SUCCESSORS OR ASSIGNS WISH TO MODIFY
THE PUBLIC ACCESS AND PARKING REQUIRED BY THE LEASE
AGREEMENT, IT MUST OBTAIN THE PRIOR WRITTEN APPROVAL
OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
DEPARTMENT OF GENERAL SERVICES, WHICH APPROVAL SHALL
NOT BE UNREASONABLY WITHHELD. THE PUBLIC ACCESS AND
PARKING SHALL BE COMPLETED AND OPEN TO THE PUBLIC NO
LATER THAN THE DATE THE FIRST TENANT OR RESIDENT
OCCUPIES THE LEASEHOLD. PAST ACTIONS BY THE LESSEE
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 THEREOF, TO BE USED
IN A MANNER INCONSISTENT WITH THESE CONDITIONS, ALL
RIGHTS AND INTERESTS IN THE LEASE SHALL TERMINATE
IMMEDIATELY.
(II) (RESERVED).
(G) CONSIDERATION.--THE DEPARTMENT OF GENERAL SERVICES SHALL
LEASE THE LAND WITHIN THE BED OF THE DELAWARE RIVER AS DESCRIBED
IN SUBSECTION (B) UPON THE TERMS, CONDITIONS AND FOR SUCH
CONSIDERATION, MONETARY OR NONMONETARY, AS IT SHALL ESTABLISH IN
THE LEASE AGREEMENT WITH THE CONCURRENCE OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
(H) COSTS AND FEES.--COSTS AND FEES INCIDENTAL TO THE LEASE
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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 THE
PREPARATION, EXECUTION AND REVIEW OF THE LEASE, NONDISTURBANCE
AGREEMENTS AND RELATED DOCUMENTS.
SECTION 4. LAND WITHIN THE DELAWARE RIVER BED AND 1143-1151
NORTH DELAWARE AVENUE, CITY OF PHILADELPHIA.
(A) AUTHORIZATION.--THE COMMONWEALTH OWNS THE LANDS WITHIN
THE BED OF THE DELAWARE RIVER, A PORTION OF WHICH LANDS ARE
LOCATED IN THE 5TH WARD OF THE CITY OF PHILADELPHIA, AND
INCLUDES LANDS COMMONLY KNOWN AS 1143-1151 NORTH DELAWARE AVENUE
AND PIER NO. 53 NORTH. THE DEPARTMENT OF GENERAL SERVICES, WITH
THE CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ACTING ON BEHALF OF THE COMMONWEALTH, IS AUTHORIZED TO LEASE,
FOR THE CONSIDERATION AS SHALL BE AGREED UPON BY THE PARTIES, TO
PENN TREATY VIEWS LLC, OR ITS NOMINEE (HEREINAFTER "LESSEE") FOR
AN INITIAL TERM OF 99 YEARS, LAND WITHIN THE BED OF THE DELAWARE
RIVER IN THE CITY OF PHILADELPHIA, AND TO EXTEND THE PERIOD FOR
ALL OR ANY PORTION OF THE LEASED PREMISES FOR AN ADDITIONAL TERM
OF UP TO 99 YEARS.
(B) DESCRIPTION OF PROPERTY.--THE LAND TO BE LEASED IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN PORTION OF PROPERTY KNOWN AS 1143-1151 NORTH
DELAWARE AVENUE AND PIER 53 NORTH LYING BETWEEN THE BULKHEAD
LINE AND THE PIERHEAD LINE OF THE DELAWARE RIVER AS ESTABLISHED
BY THE SECRETARY OF WAR ON SEPTEMBER 10, 1940; SAID PORTION
BEING SITUATE ON THE SOUTHWESTERLY SIDE OF FORMER MARLBORO
STREET (47 FEET 6 INCHES WIDE - STRICKEN AND VACATED BY
ORDINANCE OF PHILADELPHIA CITY COUNCIL ON SEPTEMBER 19, 1982 AND
CONFIRMED BY THE BOARD OF SURVEYORS ON JULY 5, 1983, RESERVED AS
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A RIGHT OF WAY FOR DRAINAGE, WATER MAIN AND PUBLIC UTILITY
PURPOSES) IN THE FIFTH (FORMERLY THE EIGHTEENTH) WARD OF THE
CITY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND
DESCRIBED IN ACCORDANCE WITH A PLAN OF PROPERTY BY ALLEN J.
BOMMENTRE, JR., SURVEYOR AND REGULATOR OF THE THIRD SURVEY
DISTRICT, DATED APRIL 12, 2005, AS FOLLOWS:
BEGINNING AT A POINT FORMED BY INTERSECTION OF THE SOUTHEASTERLY
SIDE OF DELAWARE AVENUE, (ALSO KNOWN AS CHRISTOPHER COLUMBUS
BOULEVARD-LEGALLY OPEN ON CITY PLAN, 140' WIDE) AND THE
SOUTHWESTERLY SIDE OF FORMER MARLBOROUGH STREET (47 FEET 6
INCHES WIDE-STRICKEN AND VACATED BY ORDINANCE OF COUNCIL
9/29/1982, CONFIRMED BY BOARD OF SURVEYORS 7/5/1983, RESERVED AS
A RIGHT-OF-WAY FOR DRAINAGE, WATER MAIN & PUBLIC UTILITY
PURPOSES);
1. FROM SAID POINT OF BEGINNING, EXTENDING S20°46'27"E ALONG
THE SAID SOUTHWESTERLY SIDE OF FORMER MARLBOROUGH STREET,
CROSSING THE BULKHEAD LINE OF THE DELAWARE RIVER AT THE DISTANCE
OF 280.992', ESTABLISHED BY THE SECRETARY OF WAR SEPTEMBER 10,
1940) THE TOTAL DISTANCE OF 870.298' TO A POINT ON THE PIERHEAD
LINE OF THE DELAWARE RIVER (ESTABLISHED BY THE SECRETARY OF WAR
SEPTEMBER 10, 1940); THENCE,
2. EXTENDING S54°04'10"W, ALONG THE SAID PIERHEAD LINE, THE
DISTANCE OF 57.397' TO A POINT;
THENCE,
3. EXTENDING N23°18'27"W (CROSSING THE BULKHEAD LINE OF THE
DELAWARE RIVER AT THE DISTANCE OF 589.344', ESTABLISHED BY THE
SECRETARY OF WAR SEPTEMBER 10, 1940) THE TOTAL DISTANCE OF
877.385' TO A POINT ON THE SAID SOUTHEASTERLY SIDE OF DELAWARE
AVENUE;
THENCE,
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4. EXTENDING N63°51'33"E, ALONG THE SAID SOUTHEASTERLY SIDE OF
DELAWARE AVENUE (ALSO KNOWN AS CHRISTOPHER COLUMBUS BOULEVARD)
THE DISTANCE OF 93.833' TO THE FIRST MENTIONED
POINT AND PLACE OF BEGINNING.
CONTAINING: 65,226 SQUARE FEET OF LAND (1.49738 ACRES)
(C) LEASE AGREEMENT.--THE LEASE AND ANY OTHER DOCUMENTS
PROVIDED FOR UNDER THIS ACT SHALL BE APPROVED AS TO FORM AND
LEGALITY BY THE ATTORNEY GENERAL AND OFFICE OF GENERAL COUNSEL
AND SHALL BE EXECUTED BY THE DEPARTMENT OF GENERAL SERVICES,
WITH THE CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION, IN THE NAME OF THE COMMONWEALTH. THE LEASE SHALL
GRANT THE LESSEE, AND THE SUCCESSORS, ASSIGNS AND SUBLESSEES,
THE RIGHT TO USE THE PREMISES DESCRIBED IN SUBSECTION (B), OR TO
ASSIGN THE LEASE OR SUBLEASE OR PERMIT THE SUBLEASE OF THE
PREMISES DESCRIBED IN SUBSECTION (B) FOR THE PURPOSES OF THE
PROPOSED DEVELOPMENT OF 19 TOWNHOUSES, EACH WITH TWO CAR
PARKING, FIVE OF WHICH ARE IN THE LEASED AREA, OR SUCH OTHER
USES AS MAY BE PERMITTED IN ACCORDANCE WITH APPLICABLE LAW,
INCLUDING, BUT NOT LIMITED TO, MUNICIPAL LAND USE REGULATIONS.
(D) SUBLEASE.--THE DEPARTMENT OF GENERAL SERVICES, WITH THE
CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ACTING ON BEHALF OF THE COMMONWEALTH, IS ALSO AUTHORIZED TO
ENTER INTO ONE OR MORE NONDISTURBANCE AGREEMENTS WITH ANY
SUBLESSEE OF THE PREMISES DESCRIBED IN THIS SECTION PURSUANT TO
WHICH THE COMMONWEALTH WILL AGREE THAT, IF THE COMMONWEALTH
SUCCEEDS TO THE INTEREST OF THE SUBLESSOR UNDER A SUBLEASE, IT
WILL NOT TERMINATE THE SUBLEASE UNLESS THE SUBLESSEE IS IN
DEFAULT.
(E) LAND USE RESTRICTION.--THE LEASES AUTHORIZED OR REFERRED
TO UNDER THIS SECTION SHALL INCLUDE THE CONDITION THAT NO
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PORTION OF THE PARCELS MAY 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 WHICH SHALL BE CONTAINED IN THE LEASE DOCUMENTS AND
SHALL FURTHER PROVIDE THAT SUCH CONDITION SHALL BE A COVENANT
RUNNING WITH THE LAND AND SHALL BE BINDING UPON THE LESSEE AND
SUBLESSEES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AND
SHOULD A PORTION OF A PARCEL AUTHORIZED TO BE LEASED UNDER THIS
ACT BE USED IN VIOLATION OF THIS SUBSECTION, THE LEASE SHALL
TERMINATE IMMEDIATELY.
(F) IMPROVEMENTS.--
(1) THE DEPARTMENT OF GENERAL SERVICES IS AUTHORIZED TO
EXECUTE, ON BEHALF OF THE COMMONWEALTH, ANY DECLARATION OR
OTHER DOCUMENT NECESSARY TO SUBMIT THE PREMISES DESCRIBED IN
SUBSECTION (B) OR ANY PORTION OF THE PREMISES AND ANY
IMPROVEMENTS ON THE PREMISES TO THE PROVISIONS OF 68 PA.C.S.
PT. II SUBPT. D (RELATING TO PLANNED COMMUNITIES) AS A
PLANNED COMMUNITY.
(2) THE LEASE AGREEMENT SHALL CONTAIN THE FOLLOWING
TERMS AND CONDITIONS:
(I) THE LESSEE, THE SUBLESSEES AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS SHALL PROVIDE AND MAINTAIN AT
LEAST THE FOLLOWING FREE PUBLIC ACCESS TO THE RIVERFRONT,
FOR FISHING AND OTHER RECREATIONAL ACTIVITIES AND FREE
PUBLIC PARKING IN CONNECTION WITH THE ACCESS:
(A) A MINIMUM OF 10 FREE PUBLIC PARKING SPACES
AVAILABLE AT ALL TIMES LOCATED PROXIMATE TO THE
PUBLIC WALKWAY NEAR THE WATER EDGE AND SIGNAGE
INDICATING THE FREE PUBLIC PARKING.
(B) PUBLIC WALKWAYS ON THE WATERFRONT, PROVIDING
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FREE PUBLIC ACCESS TO THE WATER AND ALLOWING FOR
PASSIVE AND ACTIVE RECREATIONAL ACTIVITIES YEAR-ROUND
AND SIGNAGE INDICATING THE WALKWAYS ARE OPEN TO THE
GENERAL PUBLIC.
(C) PUBLIC ACCESS TO THE DELAWARE RIVER IN
ACCORDANCE WITH THE DELAWARE RIVER WATERFRONT
CORPORATION PLAN THAT IS CONSISTENT WITH THE
WATERFRONT SETBACK REQUIREMENTS SPECIFIED IN SECTION
14-216(6)(G) OF THE PHILADELPHIA CODE (ENACTED INTO
LAW BY AN ORDINANCE ENACTING BILL NO. 050465, PASSED
BY THE CITY COUNCIL ON JUNE 16, 2005, AND SIGNED BY
THE MAYOR ON JULY 8, 2005), OR IN ACCORDANCE WITH
SUCH OTHER PLAN AND SUCH OTHER MUNICIPAL ORDINANCE AS
MAY GOVERN SUCH PUBLIC ACCESS IN THE FUTURE.
(D) SHOULD THE LESSEE, A SUBLESSEE OR ANY OF
THEIR RESPECTIVE SUCCESSORS OR ASSIGNS WISH TO MODIFY
THE PUBLIC ACCESS AND PARKING REQUIRED BY THE LEASE
AGREEMENT, IT MUST OBTAIN THE PRIOR WRITTEN APPROVAL
OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
DEPARTMENT OF GENERAL SERVICES, WHICH APPROVAL SHALL
NOT BE UNREASONABLY WITHHELD. THE PUBLIC ACCESS AND
PARKING SHALL BE COMPLETED AND OPEN TO THE PUBLIC NO
LATER THAN THE DATE THE FIRST TENANT OR RESIDENT
OCCUPIES THE LEASEHOLD.
(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
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LEASEHOLD PREMISES OR ANY PORTION THEREOF, TO BE USED
IN A MANNER INCONSISTENT WITH THESE CONDITIONS, ALL
RIGHTS AND INTERESTS IN THE LEASE SHALL TERMINATE
IMMEDIATELY.
(II) (RESERVED).
(3) THE PROVISIONS OF THIS SECTION MAY NOT 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, OR ANY SUCCESSOR STATUTE, WHICH
MAY REQUIRE FURTHER MEASURES TO PROVIDE FOR PUBLIC ACCESS AND
USE OF THE LAND AND ADJACENT WATER.
(G) CONSIDERATION.--THE DEPARTMENT OF GENERAL SERVICES SHALL
LEASE THE LAND WITHIN THE BED OF THE DELAWARE RIVER AS DESCRIBED
IN SUBSECTION (B) UPON THE TERMS, CONDITIONS AND SUCH
CONSIDERATION, MONETARY OR NONMONETARY, AS IT SHALL ESTABLISH IN
THE LEASE AGREEMENT, WITH THE CONCURRENCE OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
(H) 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 THE
PREPARATION, EXECUTION AND REVIEW OF THE LEASE, NONDISTURBANCE
AGREEMENTS AND RELATED DOCUMENTS.
SECTION 5. LAND WITHIN THE DELAWARE RIVER BED AND 1341 SOUTH
CHRISTOPHER COLUMBUS BOULEVARD, CITY OF PHILADELPHIA.
(A) AUTHORIZATION.--THE COMMONWEALTH OWNS THE LANDS WITHIN
THE BED OF THE DELAWARE RIVER, A PORTION OF WHICH IS LOCATED IN
THE 1ST WARD OF THE CITY OF PHILADELPHIA, AND INCLUDES LANDS
COMMONLY KNOWN AS 1341 SOUTH CHRISTOPHER COLUMBUS BOULEVARD,
PIER NO. 55 AND PIER 57, AND REFERRED TO COLLECTIVELY AS THE
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"PROPERTIES," ALL OF WHICH ARE MORE FULLY DESCRIBED IN
SUBSECTION (B). THE DEPARTMENT OF GENERAL SERVICES, WITH THE
CONCURRENCE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ACTING ON BEHALF OF THE COMMONWEALTH, IS AUTHORIZED TO LEASE,
FOR RENT OR CONSIDERATION, TO K4 PHILADELPHIA, LLC, OR ITS
NOMINEE (HEREINAFTER "LESSEE") FOR AN INITIAL TERM OF 99 YEARS,
LAND WITHIN THE BED OF THE DELAWARE RIVER IN THE CITY OF
PHILADELPHIA, AND TO EXTEND THE PERIOD FOR ALL OR ANY PORTION OF
THE LEASED PREMISES FOR AN ADDITIONAL TERM OF UP TO 99 YEARS.
(B) PROPERTY DESCRIPTION.--THE PROPERTIES TO BE LEASED ARE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(1) PIER 55 IMPROVEMENT AREA
ALL THAT CERTAIN PARCEL OR TRACT OF LAND, SITUATE IN THE 1ST
WARD OF THE CITY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERNAL POINT, THE SAID POINT BEING MEASURED
THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES FROM THE POINT
FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF CHRISTOPHER
COLUMBUS BOULEVARD (FORMERLY DELAWARE AVENUE) (150 FEET WIDE
RIGHT OF WAY, ON CITY PLAN, LEGALLY OPEN) WITH THE NORTHERLY
SIDE OF TASKER STREET (50 FEET WIDE, ON CITY PLAN, LEGALLY
OPEN):
ALONG THE SAID EASTERLY SIDE OF CHRISTOPHER COLUMBUS
BOULEVARD NORTH 14º 39' 39" EAST 1.100.603 FEET TO A POINT;
THENCE
I) SOUTH 75º 14' 21" EAST 260.125 FEET TO A POINT;
THENCE
II) NORTH 14º 39' 39" EAST, PASSING OVER A MAG NAIL
AT 233.000 FEET, 638.917 FEET TO A MAG NAIL; THENCE
III) SOUTH 10º 01' 00" EAST 42.167 FEET TO A MAG
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NAIL; THENCE
IV) NORTH 79º 54' 00" EAST 65.379 FEET TO A POINT;
THENCE
V) SOUTH 09º 55' 48" EAST 125.011 FEET TO A POINT;
THENCE
VI) SOUTH 14º 10' 50" WEST 94.558 FEET TO A POINT;
THENCE
VII) SOUTH 16º 50' 45" EAST 74.521 FEET TO A POINT;
THENCE
VIII) SOUTH 32º 53' 11" EAST 55.989 FEET TO A POINT;
THENCE
IX) SOUTH 70º 01' 47" EAST 72.491 FEET TO A POINT;
THENCE
X) NORTH 76º 59' 44" EAST 161.484 FEET TO THE POINT
AND PLACE OF BEGINNING.
XI) THENCE FROM SAID POINT OF BEGINNING NORTH 13º
00' 16" WEST 26.320 FEET TO A POINT; THENCE
XII) NORTH 79º 56' 28" WEST 58.913 FEET TO A POINT;
THENCE
XIII) NORTH 70º 01' 47" WEST 20.351 FEET TO A POINT;
THENCE
XIV) NORTH 11º 43' 14" WEST 2.583 FEET TO A POINT;
THENCE
XV) SOUTH 75º 20' 21" EAST 4.139 FEET TO A POINT;
THENCE
XVI) NORTH 76º 47' 02" EAST 121.312 FEET TO A POINT;
THENCE
XVII) SOUTH 75º 14' 53" EAST 375.478 FEET TO A
POINT; THENCE
XVIII) SOUTH 8º 27' 40" EAST 49.713 FEET TO A POINT;
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THENCE
XIX) SOUTH 14º 45' 07" WEST 62.459 FEET TO A POINT;
THENCE
XX) SOUTH 75º 14' 53" EAST 7.986 FEET TO A POINT;
THENCE
XXI) SOUTH 14º 45' 07" WEST 29.303 FEET TO A POINT;
THENCE
XXII) NORTH 75º 14' 53" WEST 391.472 FEET TO A
POINT; THENCE
XXIII) NORTH 13º 00' 16" WEST 65.448 FEET TO THE
AFORESAID POINT AND PLACE OF BEGINNING.
CONTAINING WITHIN SAID BOUNDS 58,081.7 SQUARE FEET (58,279.3
US SQUARE FEET) OR 1.3334 ACRE MORE OR LESS.
(2) PIER 55 ACCESS IMPROVEMENT AREA.
ALL THAT CERTAIN PARCEL OR TRACT OF LAND, SITUATE IN THE 1ST
WARD OF THE CITY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERNAL POINT, THE SAID POINT BEING MEASURED
THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES FROM THE POINT
FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF CHRISTOPHER
COLUMBUS BOULEVARD (FORMERLY DELAWARE AVENUE) (150 FEET WIDE
RIGHT OF WAY, ON CITY PLAN, LEGALLY OPEN) WITH THE NORTHERLY
SIDE OF TASKER STREET (50 FEET WIDE, ON CITY PLAN, LEGALLY
OPEN):
A. ALONG THE SAID EASTERLY SIDE OF CHRISTOPHER COLUMBUS
BOULEVARD NORTH 14º 39' 39" EAST 1,100.603 FEET TO A POINT;
THENCE
B. SOUTH 75º 14' 21" EAST 260.125 FEET TO A POINT; THENCE
C. NORTH 14º 39' 39" EAST, PASSING OVER A MAG NAIL AT
233.000 FEET, 638.917 FEET TO A MAG NAIL; THENCE
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D. SOUTH 10º 03' 00" EAST 42.167 FEET TO A MAG NAIL;
THENCE
E. NORTH 79º 54' 00" EAST 65.379 FEET TO A POINT; THENCE
F. SOUTH 09º 55' 48" EAST 125.011 FEET TO A POINT; THENCE
G. SOUTH 14º 10' 50" WEST 94.558 FEET TO A POINT; THENCE
H. SOUTH 16º 50' 45" EAST 74.521 FEET TO A POINT; THENCE
I. SOUTH 32º 53' 11" EAST 55.989 FEET TO A POINT; THENCE
J. SOUTH 70º 01' 47" EAST 72.491 FEET TO A POINT; THENCE
K. NORTH 76º 59' 44" EAST 88.852 FEET TO THE POINT AND
PLACE OF BEGINNING.
L. THENCE FROM SAID POINT OF BEGINNING NORTH 11º 43' 14"
WEST 60.490 FEET TO A POINT; THENCE
M. SOUTH 70º 01' 47" EAST 20.351 FEET TO A POINT; THENCE
N. SOUTH 79º 56' 28" EAST 58.913 FEET TO A POINT; THENCE
O. SOUTH 13º 00' 16" EAST 56.320 FEET TO A POINT; THENCE
P. SOUTH 76º 59' 44" WEST 73.304 FEET TO A POINT; THENCE
Q. NORTH 11º 43' 14" WEST 30.008 FEET TO THE AFORESAID
POINT AND PLACE OF BEGINNING.
CONTAINING WITHIN SAID BOUNDS 5,220.1 SQUARE FEET (5,238.5
US SQUARE FEET) OR 0.1198 ACRE MORE OR LESS.
(3) PIER 57 IMPROVEMENT AREA.
ALL THAT CERTAIN PARCEL OR TRACT OF LAND, SITUATE IN THE 1ST
WARD OF THE CITY OF PHILADELPHIA, COMMONWEALTH OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN INTERNAL POINT, THE SAID POINT BEING MEASURED
THE FOLLOWING EIGHT (8) COURSES AND DISTANCES FROM THE POINT
FORMED BY THE INTERSECTION OF THE EASTERLY SIDE OF CHRISTOPHER
COLUMBUS BOULEVARD (FORMERLY DELAWARE AVENUE) (150 FEET WIDE
RIGHT OF WAY, ON CITY PLAN, LEGALLY OPEN) WITH THE NORTHERLY
SIDE OF TASKER STREET (50 FEET WIDE, ON CITY PLAN, LEGALLY
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OPEN):
I) ALONG THE SAID EASTERLY SIDE OF CHRISTOPHER
COLUMBUS BOULEVARD NORTH 14º 39' 39' EAST 1,038.156 FEET
TO A POINT; THENCE
II) SOUTH 64º 29' 30" EAST 259.793 FEET TO A POINT;
THENCE
III) NORTH 14º 46' 39" EAST 51.260 FEET TO A POINT;
THENCE
IV) SOUTH 75º 13' 21" EAST 529.755 FEET TO A POINT;
THENCE
V) SOUTH 06º 04' 42" WEST 39.423 FEET TO A POINT;
THENCE
VI) SOUTH 14º 42' 08" EAST 37.638 FEET TO A POINT;
THENCE
VII) SOUTH 75º 13' 21" EAST 52.564 FEET TO A POINT;
THENCE
VIII) NORTH 11º 43' 14" WEST 9.428 FEET TO THE POINT
AND PLACE OF BEGINNING.
IX) THENCE FROM SAID POINT OF BEGINNING NORTH 11º
43' 14" WEST 148.576 FEET TO A POINT; THENCE
X) SOUTH 75º 14' 54" EAST 416.521 FEET TO A POINT;
THENCE
XI) SOUTH 30º 14' 41" EAST 33.884 FEET TO A POINT;
THENCE
XII) SOUTH 14º 45' 07" WEST 109.039 FEET TO A POINT;
THENCE
XIII) 5. NORTH 75º 14' 53" WEST 374.250 FEET TO THE
AFORESAID POINT AND PLACE OF BEGINNING.
CONTAINING WITHIN SAID BOUNDS 53,891.9 SQUARE FEET (54,075.3 US
SQUARE FEET) OR 1.2372 ACRE MORE OR LESS.
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(C) LEASE AGREEMENT.--THE DEPARTMENT OF GENERAL SERVICES,
WITH THE APPROVAL OF THE ATTORNEY GENERAL AND THE CONCURRENCE OF
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, ACTING ON BEHALF OF
THE COMMONWEALTH, IS HEREBY AUTHORIZED TO ENTER INTO A LEASE OF
THE PROPERTIES TO THE LESSEE (THE "LEASE") FOR A TERM OF 99
YEARS, WITH AN OPTION IN FAVOR OF THE LESSEE TO EXTEND SUCH TERM
FOR ALL OR ANY PORTION OF THE PROPERTIES FOR UP TO 99 YEARS. THE
LEASE SHALL PROVIDE RENT OR CONSIDERATION PAYABLE TO THE
COMMONWEALTH UPON THE EXECUTION OF THE LEASE, IN AN AMOUNT TO BE
DETERMINED BY THE SECRETARY OF GENERAL SERVICES, AND SHALL
INCLUDE SUCH OTHER TERMS AND CONDITIONS AS THE DEPARTMENT OF
GENERAL SERVICES SHALL ESTABLISH, WITH THE CONCURRENCE OF THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION. THE LEASE SHALL GRANT
THE LESSEE THE RIGHT TO SUBLEASE, AND TO PERMIT THE FURTHER
SUBSUBLEASING, SUBSUBSUBLEASING AND SO ON, OF ALL OR ANY PORTION
OF THE PROPERTIES FOR RESIDENTIAL, OFFICE, COMMERCIAL, RETAIL,
CONDOMINIUM, HOTEL, MARINA OR OTHER PUBLIC USES, OR USES AS MAY
BE PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING, BUT
NOT LIMITED TO, MUNICIPAL LAND USE REGULATIONS.
(D) NONDISTURBANCE AGREEMENT.--THE DEPARTMENT OF GENERAL
SERVICES, WITH THE CONCURRENCE OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, ACTING ON BEHALF OF THE COMMONWEALTH,
IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE NONDISTURBANCE
AGREEMENTS WITH ANY SUBLESSEE OF ALL OR ANY PORTION OF THE
PROPERTIES PURSUANT TO WHICH COMMONWEALTH SHALL AGREE THAT, IF
THE COMMONWEALTH SUCCEEDS TO THE INTEREST OF THE SUBLESSOR UNDER
THE SUBLESSEE'S SUBLEASE, THE COMMONWEALTH MAY NOT TERMINATE
THAT SUBLEASE UNLESS THE SUBLESSEE IS IN DEFAULT.
(E) IMPROVEMENT.--THE DEPARTMENT OF GENERAL SERVICES, WITH
APPROVAL OF THE ATTORNEY GENERAL, IS HEREBY AUTHORIZED TO
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PERMIT, ON BEHALF OF THE COMMONWEALTH, ANY DECLARATION OR OTHER
DOCUMENTS NECESSARY TO SUBMIT THE PROPERTIES OR ANY PORTION OF
THE PROPERTIES AND ANY IMPROVEMENTS ON THE PROPERTIES TO THE
PROVISIONS OF 68 PA.C.S. PT. II SUBPT. B (RELATING TO
CONDOMINIUMS) AS A LEASEHOLD CONDOMINIUM. DEVELOPMENT OF THE
PARCELS AUTHORIZED TO BE LEASED UNDER THIS SECTION SHALL BE
CONSISTENT WITH PUBLIC AND MARITIME PURPOSES.
(F) FREE PUBLIC ACCESS.--
(1) THE LEASE AGREEMENT SHALL CONTAIN THE FOLLOWING
TERMS AND CONDITIONS:
(I) THE LESSEE, THE SUBLESSEES AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, SHALL PROVIDE AND MAINTAIN AT
LEAST THE FOLLOWING FREE PUBLIC ACCESS TO THE RIVERFRONT,
FOR FISHING AND OTHER RECREATIONAL ACTIVITIES AND FREE
PUBLIC PARKING IN CONNECTION WITH THE ACCESS:
(A) A MINIMUM OF 10 PUBLIC PARKING SPACES
AVAILABLE AT ALL TIMES LOCATED PROXIMATE TO THE
PUBLIC WALKWAY NEAR THE WATER EDGE AND SIGNAGE
INDICATING THE PUBLIC PARKING.
(B) PUBLIC WALKWAYS ON THE RIVERFRONT, INCLUDING
WATER EDGE PROMENADES ALONG THE ENTIRE WATER EDGER OF
THE PROPERTIES AND ADJACENT TO THE WATER, PROVIDING
FREE PUBLIC ACCESS TO THE WATER AND ALLOWING FOR
PASSIVE AND ACTIVE RECREATIONAL ACTIVITIES YEAR-ROUND
AND SIGNAGE INDICATING THE WALKWAYS ARE OPEN TO THE
GENERAL PUBLIC.
(C) PUBLIC ACCESS TO THE DELAWARE RIVER IN
ACCORDANCE WITH THE DELAWARE RIVER WATERFRONT
CORPORATION PLAN THAT IS CONSISTENT WITH THE
WATERFRONT SETBACK REQUIREMENTS SPECIFIED IN SECTION
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14-216(6)(G) OF THE PHILADELPHIA CODE (ENACTED INTO
LAW BY AN ORDINANCE ENACTING BILL NO. 050465, PASSED
BY THE CITY COUNCIL ON JUNE 16, 2005, AND SIGNED BY
THE MAYOR ON JULY 8, 2005), OR IN ACCORDANCE WITH
SUCH OTHER PLAN AND SUCH OTHER MUNICIPAL ORDINANCE AS
MAY GOVERN PUBLIC ACCESS IN THE FUTURE.
(D) SHOULD THE LESSEE, A SUBLESSEE OR ANY OF
THEIR RESPECTIVE SUCCESSORS OR ASSIGNS WISH TO MODIFY
THE PUBLIC ACCESS AND PARKING REQUIRED BY THE LEASE
AGREEMENT, IT MUST OBTAIN THE PRIOR WRITTEN APPROVAL
OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
DEPARTMENT OF GENERAL SERVICES, WHICH APPROVAL SHALL
NOT BE UNREASONABLY WITHHELD. THE PUBLIC ACCESS AND
PARKING SHALL BE COMPLETED AND OPEN TO THE PUBLIC NO
LATER THAN THE DATE THE FIRST TENANT OR RESIDENT
OCCUPIES THE LEASEHOLD. PAST ACTIONS BY THE LESSEE
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).
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(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
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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
IN THIS SECTION SHALL BE VOID.
Section 2 6. Effective date.
This act shall take effect immediately.
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