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A08910
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.; 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.
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
County of Chester, dated May 19, 2016, to a 15-year term, in
accordance with the terms and conditions of the lease agreement.
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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No.175), known as The Administrative Code of 1929, is repealed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 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
"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
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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
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
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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; 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:
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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
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
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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
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
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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.
(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
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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
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
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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
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
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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
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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
in this section shall be void.
Section 3 2 3. Effective date.
This act shall take effect immediately.
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