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A08909
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
817
Session of
2017
INTRODUCED BY RAFFERTY, JUNE 29, 2017
SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, OCTOBER 17, 2017
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 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; and 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Extension of lease term.
The NOTWITHSTANDING ANY OTHER STATUTORY PROVISION TO THE
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
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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. Inconsistent repeal.
Section 2402(i) of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is repealed
to the extent of any inconsistency with this act.
Section 2. 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
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
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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
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
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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
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
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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.
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
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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.
(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
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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
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 3. 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
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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
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
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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,
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
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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
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.
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(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
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
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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
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
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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 3 2 4. Effective date.
This act shall take effect immediately.
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