Section 14. Land within the Delaware River bed.
(a) Authorization.--The Commonwealth owns the lands within the bed of the Delaware River, a portion of which is located in the 5th Ward of the City of Philadelphia. Such lands located in the 5th Ward are commonly known as Premises A (an area immediately north of Pier No. 27 North), Pier No. 27 North, Pier No. 27.5 North, Pier No. 31 North, Pier No. 32 North, Pier No. 33 North, Pier No. 34 North and Pier No. 35 North, and referred to collectively as the "Properties," all of which are more fully described in subsection (b).
(b) Property description.--The land to be leased is more particularly described as follows:
PREMISES "A"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th W ard of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Christopher Columbus Boulevard (On City Plan, 150' wide, Legally Open). Said point being located the following two courses and distances southwardly from the intersection of the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
1.) S.18º17'00"W along the said Delaware Avenue, and then continuing along the said easterly side of Christopher Columbus Boulevard the distance of 862.843' to a point of intersection of the said easterly side of Delaware Avenue with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
2.) S.15º16'00"W along the said Christopher Columbus Boulevard, the distance of 216.875 to an angle point;
THENCE extending S.74º44'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 553.380' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 159.031' to a point;
THENCE extending N.73º55'50"W. and partly crossing the said Bulkhead Line the distance of 515.436' to a point on the said easterly side of Christopher Columbus Boulevard (On City Plan, 150' wide, Legally Open);
THENCE extending N.15º16'00"E. along the said easterly side of Christopher Columbus Boulevard the distance of 147.204' to a point, being the first mentioned point and place of beginning;
Being Known As: Premises "A" on the above mentioned plan.
AREA OF PARCEL: 80,661 Square Feet 1.85173 Acres.
PREMISES "B"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Christopher Columbus Boulevard (On City Plan, 150' wide, Legally Open) at a distance of 800.531' southwardly from the intersection of the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 611.597' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 253.729' to a point;
THENCE extending N.74º44'00"W. and partly crossing the said Bulkhead Line the distance of 553.380' to a point on the said easterly side of Christopher Columbus Boulevard;
THENCE extending N.15º16"00"E. along the said easterly side of Christopher Columbus Boulevard the distance of 216.875' to an angle point;
THENCE extending N.18º17'00"E. along the said easterly side of Christopher Columbus Boulevard the distance of 62.312' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #27 on the above mentioned plan.
AREA OF PARCEL: 153,806 Square Feet 3.53092 Acres.
PREMISES "C"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Christopher Columbus Boulevard (On City Plan, 150' wide, Legally Open) at a distance of 676.448' southwardly from the intersection of the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 635.267' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 126.302' to a point;
THENCE extending N.71º40'00"W. and partly crossing the said Bulkhead Line the distance of 611.597' to a point on the said easterly side of Christopher Columbus Boulevard;
THENCE extending N.18º17'00"E.along the said easterly side of Christopher Columbus Boulevard the distance of 124.083' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #27 1/2 on the above mentioned plan.
AREA OF PARCEL: 77,357 Square Feet 1.77589 Acres.
PREMISES "D"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) at a distance of 513.552'southwardly from the intersection of the said easterly side of Delaware Avenue with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 666.362' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 165.809' to a point;
THENCE extending N.71º40'00"W. and partly crossing the said Bulkhead Line the distance of 635.267' to a point on the easterly side of Christopher Columbus Boulevard (On City Plan, 150' wide, Legally Open);
THENCE extending N.18º17'00"E. partly along the said easterly side of Christopher Columbus Boulevard and, also partly along the said easterly side of Delaware Avenue the distance of 162.896' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #31 on the above mentioned plan.
AREA OF PARCEL: 106,015 Square Feet 2.43378Acres.
PREMISES "E"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) at a distance of 448.614' southwardly from the intersection of the said easterly side of Delaware Avenue with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 678.754' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 66.099' to a point;
THENCE extending N.71º40'00"W. and partly crossing the said Bulkhead Line the distance of 666.362' to a point on the said easterly side of Delaware Avenue;
THENCE extending N.18º17'00"E. along the said easterly side of Delaware Avenue the distance of 64.938' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #32 on the above mentioned plan.
AREA OF PARCEL: 43,674 Square Feet 1.00263 Acres.
PREMISES "F"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) at a distance of 328.281' southwardly from the intersection of the said easterly side of Delaware Avenue with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 701.718' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 122.485' to a point;
THENCE extending N.71º40'00"W. and partly crossing the said Bulkhead Line the distance of 678.754' to a point on the said easterly side of Delaware Avenue;
THENCE extending N.18º17'00"E. along the said easterly side of Delaware Avenue the distance of 120.333' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #33 on the above mentioned plan.
AREA OF PARCEL: 83,058 Square Feet 1.90675 Acres.
PREMISES "G"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) at a distance of 241.239' southwardly from the intersection of the said easterly side of Delaware Avenue with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 718.328' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 88.599' to a point;
THENCE extending N.71º40'00"W. and partly crossing the said Bulkhead Line the distance of 701.718' to a point on the said easterly side of Delaware Avenue;
THENCE extending N.18º17'00"E. along the said easterly side of Delaware Avenue the distance of 87.042' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #34 on the above mentioned plan.
AREA OF PARCEL: 61,801 Square Feet 1.41877 Acres.
PREMISES "H"
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements erected thereon. SITUATE in the 5th Ward of the City of Philadelphia and described according to a Site Plan (FF-1080 / 2012-309) made by Herman P. Ledger, P.L.S., Surveyor and Regulator of the Fifth Survey District, dated January 29, 2013:
BEGINNING at the point on the easterly side of Delaware Avenue (On City Plan, 150' wide, Legally Open) at a distance of 118.562' southwardly from the intersection of the said easterly side of Delaware Avenue with the southeasterly side of Penn Street (On City Plan, 60' wide, Legally Open);
THENCE extending S.71º40'00"E. and partly crossing the Bulkhead Line Established 1/5/1894, Approved by the Secretary Of War 9/10/1940 the distance of 741.739' to a point on the Pierhead Line Established 1/20/1891, and Approved by the Secretary Of War 9/10/1940;
THENCE extending S.29º05'21"W along the said Pierhead Line the distance of 124.871' to a point;
THENCE extending N.71º40'00W. and partly crossing the said Bulkhead Line the distance of 718.328' to a point on the said easterly side of Delaware Avenue;
THENCE extending N.18º17'00"E. along the said easterly side of Delaware Avenue the distance of 122.677' to a point, being the first mentioned point and place of beginning;
Being Known As: Pier #35 on the above mentioned plan.
AREA OF PARCEL: 89,588 Square Feet 2.05597 Acres.
(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 City of Philadelphia (the "Lease") for a term of 99 years, with an option in favor of the City of Philadelphia to extend such term for all or any portion of the Properties for up to 99 years. The Lease shall provide rent 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 City of Philadelphia the right to sublease, and to permit the further subsubleasing, subsubsubleasing and so on, of all or any portion of the Properties for Maritime Purposes and/or for residential, office, commercial, condominium, hotel, marina or other public uses. As used in this section, the term "Maritime Purposes" means activities directly related to the handling of cargo or passengers for import or export through the Port of Philadelphia.
(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 the Commonwealth will agree that, if the Commonwealth succeeds to the interest of the sublessor under such sublessee's sublease, the Commonwealth will not terminate such sublease unless the sublessee is in default.
(e) Improvements.--The Department of General Services, with the 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 thereof and any improvements thereon 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 in this section shall be consistent with public and Maritime Purposes.
(f) Free public access.--
(1) The City of Philadelphia, all sublessees and their respective successors and assigns shall provide and maintain at least the following free public access to the riverfront for recreation activities:
(i) Public walkways on the riverfront, including water edge promenades along the entire water edge of the Properties and adjacent to the water and providing free public access to the water and allowing for passive and active recreational activities year round.
(ii) A free public park area along the public walkway near the water.
(iii) Public parking. A minimum of ten 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.
(iv) 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 No. 050465, passed by the City Council on June 16, 2005, and signed by the Mayor on July 8, 2005).
(2) Should the lessee, any sublessee or any of their respective successors or assigns wish to modify the public access and parking required by this section, the lessee, sublessee or the respective successor or assign 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 either the leasehold or the land adjacent to the leasehold.
(g) 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 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 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.
(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 thereof, to be used in a manner inconsistent with the conditions contained in this section, all rights and interests in the lease authorized by this section shall terminate immediately.
(j) Costs and fees.--Costs and fees incidental to the lease authorized by this section shall be borne by the lessee.
(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.