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PRINTER'S NO. 1843
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1235
Session of
2020
INTRODUCED BY STREET, JULY 12, 2020
REFERRED TO STATE GOVERNMENT, JULY 12, 2020
AN ACT
Authorizing the Department of General Services, with the
concurrence of the Department of Environmental Protection, to
lease to L-A Battery, QOZ, LLC land within the bed of the
Delaware River within the City of Philadelphia.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Lands within the Delaware Riverbed.
(a) Authorization.--The Commonwealth owns lands within the
bed of the Delaware River, a portion of which lands are located
in the 18th Ward of the City of Philadelphia and are commonly
known as part of the former Philadelphia Electric Company (PECO)
Power Station property, 1325 Beach Street, also known as North
Beach Street. The Department of General Services, with the
concurrence of the Department of Environmental Protection,
acting on behalf of the Commonwealth, is hereby authorized to
lease to L-A Battery QOZ, LLC, or its nominee for an initial
term of 99 years, such lands within the bed of the Delaware
River in the City of Philadelphia and to extend the lease term
for all or any portion of the leased premises for an additional
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term of up to 99 years.
(b) Description.--The property to be leased is approximately
10.80126 acres of partially filled lands more particularly
described as follows:
ALL THAT CERTAIN lot or piece of ground together with the
improvements thereon erected, situate in the 18th Ward of the
City of Philadelphia, Pennsylvania more particularly described
as follows to wit:
BEGINNING at a point on the dividing line between OPA #88-
435-7171, lands now or formerly of Delaware Station LLC and OPA
#88-5670040, lands now or formerly of the City of Philadelphia,
Penn Treaty Park, said point being distant the following two (2)
courses and distances from the intersection of the northeasterly
right-of-way line of Columbia Street Extended (50 foot wide
right-of-way, on City Plan) and the southeasterly right-of-way
line of Beach Street (50 foot wide right-of-way, on City Plan,
legally open);
A. Along the southeasterly right-of-way line of Beach
Street, North 59 degrees 19 minutes 33 seconds East, a distance
of 143.948 feet, thence;
B. Along the dividing line between OPA #88-4351717 and
OPA #88-5670040, South 28 degrees 11 minutes 54 seconds East, a
distance of 233.380 feet to a point on the bulkhead line
(approved by the Secretary of War January 5, 1894 and September
10, 1940) being the true point and place of BEGINNING and from
said point of BEGINNING running, thence;
The following two (2) courses and distances along the
bulkhead line:
1. North 58 degrees 21 minutes 15 seconds East, a
distance of 404.079 feet to a point, thence;
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2. North 64 degrees 18 minutes 09 seconds East, a
distance of 534.095 feet to a point, thence;
3. Along the dividing line between OPA #88-4351717 and
OPA #88-4076002, lands now or formerly Berks Street Corp., South
28 degrees 28 minutes 57 seconds East, a distance of 494.364
feet to a point on the pierhead line (approved by the Secretary
of War January 5, 1894 and September 10, 1940), thence;
The following two (2) courses and distances along the
pierhead line:
4. South 64 degrees 16 minutes 52 seconds West, a
distance of 528.614 feet to a point, thence;
5. South 54 degrees 04 minutes 10 seconds West, a
distance of 415.040 feet to a point; thence;
6. Along the dividing line between OPA #88-4351717 and
OPA #88-5670040, North 28 degrees 11 minutes 54 seconds West, a
distance of 526.300 feet to the point and place of BEGINNING.
CONTAINING 470,503 square feet or 10.80126-acres.
BEING the same property as shown on a plan entitled
"ALTA/NSPS Land Title Survey, Delaware Station LLC, 1325 N.
Beach Street, Map 16 N 21, OPA #88-4351717 & 88-4351719, City &
County of Philadelphia, 18th Ward, Commonwealth of
Pennsylvania", prepared by Control Point Associates, Inc., dated
05/28/2019, File No. 02-150120-01, Sheet 1 of 1.
(c) Lease agreement.--The lease and any other documents
hereby contemplated shall be subject to approval as to form and
legality as prescribed by the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, and shall be
executed by the Department of General Services, with the
concurrence of the Department of Environmental Protection, which
concurrence shall not be unreasonably withheld, in the name of
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the Commonwealth. The lease shall grant the lessee, its
successors and assigns, the right to use the leased premises or
to assign the lease or sublease or permit the sublease of the
above described premises for the purposes of development for
residential, office, commercial, condominium, hotel, marina or
other uses all consistent with public and maritime uses and
amenities.
(d) Nondisturbance.--The Department of General Services,
with the concurrence of the Department of Environmental
Protection, acting on behalf of the Commonwealth, is also
specifically authorized to enter into one or more nondisturbance
agreements with any sublessee of the leased premises described
in this section pursuant to which the Commonwealth shall agree
that, if the Commonwealth succeeds to the interest of the
sublessor under a sublease, the Commonwealth will not terminate
the sublease unless the sublessee is in default.
(e) Land use restriction.--All leases authorized or referred
to under this section shall be made under and subject to the
condition, which shall be contained in the lease documents, that
no portion of the leased premises shall be used as a licensed
facility as defined in 4 Pa.C.S. ยง 1103 (relating to
definitions) or any other similar type of licensed 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 act be used in violation of this subsection,
the lease shall terminate immediately.
(f) Improvements.--
(1) The Department of General Services is hereby
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authorized to execute, on behalf of the Commonwealth of
Pennsylvania, any declaration or other document necessary to
submit the leased premises or any portion thereof and any
improvements thereon to the provisions of 68 Pa.C.S. Pt. II
Subpt. B (relating to condominiums) as a leasehold
condominium.
(2) The lease agreement shall contain the following
terms and conditions:
(i) The lessee, all 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 recreation activities, and public
parking in connection with such 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
promenades or trails along the entire water edge of
the leasehold and adjacent to the water edge of the
leasehold 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) A free public park area along the public
walkway near the water.
(D) Public access to the Delaware River which is
consistent with the Waterfront Setback requirements
set forth in Section 14-216(6)(g) of the Philadelphia
Code (enacted into law by an Ordinance enacting Bill
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No. 050465, passed by the City Council on June 16,
2005, and signed by the Mayor on July 8, 2005, as
amended and updated) or in accordance with such other
plan and such other municipal ordinance as may govern
such public access in the future.
(ii) These conditions 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 thereof, to be used in a manner inconsistent with
the conditions contained in this subsection, all rights
and interests in the lease authorized by this act shall
terminate immediately.
(iii) Should the lessee or successor or its assigns
wish to modify the public access or parking required by
this section, 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 leased
premises.
(iv) Nothing herein shall 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.
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(g) Consideration.--The Department of General Services shall
lease the land within the bed of the Delaware River as described
in subsection (b) upon such terms and conditions and for such
consideration as it shall, with the concurrence of the
Department of Environmental Protection, establish through the
lease agreement. These terms may include a requirement to
commence and construct improvements authorized or required by
this section with certain time periods.
(h) Costs and fees.--Costs and fees incidental to the lease
authorized by this section shall be borne by the lessee.
(i) Sunset provision.--In the event that the lease
authorized by this section is not fully executed within 36
months following the effective date of this section, the
authority contained in this section shall be void.
Section 2. Effective date.
This act shall take effect immediately.
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