Section 2. Land within the Delaware River bed.
(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 Pier 25 North and the Boat Slip located South of Pier 25 North. 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, for such consideration as shall be agreed upon by the parties, to Pier 25 North Associates Limited Partnership for an initial term of 99 years, two tracts of 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:
TRACT 1 - BEGINNING at a point on the bulkhead line of the Delaware River as approved by the Secretary of War on September 10, 1940, which point is located the following three courses and distances from the point of intersection of the easterly line of Christopher Columbus Boulevard (150 feet wide) with the southerly line of former Willow Street produced: South 27 degrees 52 minutes West 119 feet 8 7/8 inches to point; South 74 degrees 44 minutes 00 seconds East 23 feet 10 5/8 inches to a point;
Thence North 22 degrees 01 minute 33 seconds East 178 feet 10 1/4 inches to the point of beginning; thence from said point of beginning South 73 degrees 55 minutes 50 seconds East 506 feet 0 3/8 inches to a point on the pierhead line of the Delaware River as approved by the Secretary of War on September 10, 1940; thence extending along the pierhead line of the Delaware River the following two courses and distances; South 29 degrees 05 minutes 21 seconds West 54 feet 10 3/8 inches to a point; South 19 degrees 41 minutes 36 seconds West 43 feet 0 1/2 inches to a point; thence North 74 degrees 58 minutes 31 seconds West 502 feet 0 5/8 inches to a point on the bulkhead line of the Delaware River; thence extending along the bulkhead line of the Delaware River North 22 degrees 01 minute 33 seconds East 106 feet 6 1/4 inches to the point and place of BEGINNING.
BEING known as Pier 25 North.
TRACT 2 - BEGINNING at a point on the bulkhead line of the Delaware River as approved by the Secretary of War on September 10, 1940, which point is located the following three courses and distances from the point of intersection of the easterly line of Christopher Columbus Boulevard (150 feet wide) with the southerly line of former Willow Street produced: South 27 degrees 52 minutes West 119 feet 8 7/8 inches to a point; South 74 degrees 44 minutes 00 seconds East 23 feet 10 5/8 inches to a point;
Thence North 22 degrees 01 minute 33 seconds East 72 feet 4 inches to a point of beginning; thence from said point of beginning South 74 degrees 58 minutes 31 seconds East 502 feet 0 5/8 inches to a point on the pierhead line of the Delaware River as approved by the Secretary of War on September 10, 1940; thence extending along the pierhead line of the Delaware River South 19 degrees 41 minutes 36 seconds West 74 feet 2 inches to a point; thence North 74 degrees 44 minutes 00 seconds West 504 feet 10 inches to a point on the bulkhead line of the Delaware River; thence extending along the bulkhead line of the Delaware River North 22 degrees 01 minute 33 seconds East 72 feet 4 inches to the point and place of BEGINNING.
BEING known as Boat Slip located South of Pier 25 North.
(c) Lease agreement.--The lease and any other documents hereby contemplated shall be approved by the Attorney General and shall be executed by the Department of General Services with the approval of the Department of Environmental Protection, in the name of the Commonwealth. The lease shall grant the lessee the right to assign the lease or sublease or permit the sublease of the above-described premises for the purposes of development, consistent with public and maritime uses, for residential, office, commercial, condominium, hotel, marina or other uses.
(d) Sublease.--The Department of General Services, with the concurrence of the Department of Environmental Protection, acting on behalf of the Commonwealth of Pennsylvania, is also specifically authorized to enter into one or more nondisturbance agreements with any sublessee of the premises described in this act pursuant to which the Commonwealth will agree that, if the Commonwealth succeeds to the interest of the sublessor under the sublease, it will not terminate the sublease unless the sublessee is in default.
(e) Land use restriction.--All leases authorized or referred to under this act 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. 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. 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, with the approval of the Attorney General, is hereby authorized to execute, on behalf of the Commonwealth of Pennsylvania, any declaration or other document necessary to submit these 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) (i) Development of the parcels authorized to be leased in this act shall be consistent with public and maritime uses.
(ii) 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 recreational activities and free public parking in connection with such access:
(A) Public walkways on the riverfront, including water edge promenades that provide free public access to the water and allow for passive and active recreational activities year-round and signage indicating the walkways are open to the general public.
(B) A free public park area along the public walkway near the water.
(C) 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.
(iii) Should the lessee, any sublessee or any of their respective successors or assigns wish to modify the public access and parking required under this subparagraph, 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 public parking shall be constructed concurrently with the first improvements to the parcels.
(iv) Before any fill is placed or any structure is erected upon, in or over those portions of the parcels which are under water on the effective date of this section, the person placing such fill or erecting such structure shall comply with the relevant 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.
(v) 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 act, 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.
(g) Costs and fees.--Costs and fees incidental to the lease authorized by this section shall be borne by the lessee.
(h) Sunset provision.--In the event that the lease authorized by this section does not occur within 18 months following the effective date of this section, the authority contained in this section shall be void.