Section 3. 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 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 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 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 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 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.