Section 4. Land within the Delaware River bed and 1143-1151 North Delaware Avenue, 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 1143-1151 North Delaware Avenue and Pier No. 53 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 the consideration as shall be agreed upon by the parties, to Penn Treaty Views 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 portion of property known as 1143-1151 North Delaware Avenue and Pier 53 North lying between the Bulkhead Line and the Pierhead Line of the Delaware River as established by the Secretary of War on September 10, 1940; said portion being situate on the southwesterly side of former Marlboro Street (47 feet 6 inches wide - stricken and vacated by Ordinance of Philadelphia City Council on September 19, 1982 and confirmed by the Board of Surveyors on July 5, 1983, reserved as a right of way for drainage, water main and public utility purposes) in the Fifth (formerly the Eighteenth) Ward of the City of Philadelphia, Commonwealth of Pennsylvania, bounded and described in accordance with a Plan of Property by Allen J. Bommentre, Jr., Surveyor and Regulator of the Third Survey District, dated April 12, 2005, as follows:
BEGINNING at a point formed by intersection of the southeasterly side of Delaware Avenue, (also known as Christopher Columbus Boulevard-legally open on City Plan, 140' wide) and the southwesterly side of former Marlborough Street (47 feet 6 inches wide-stricken and vacated by Ordinance of Council 9/29/1982, Confirmed by Board of Surveyors 7/5/1983, Reserved as a Right-of-Way for Drainage, Water Main & Public Utility Purposes);
1. FROM SAID POINT OF BEGINNING, extending S20°46'27"E along the said Southwesterly side of former Marlborough Street, crossing the Bulkhead line of the Delaware River at the distance of 280.992', established by the Secretary of War September 10, 1940) the total distance of 870.298' to a point on the Pierhead line of the Delaware River (established by the Secretary of War September 10, 1940); THENCE,
2. Extending S54°04'10"W, along the said Pierhead line, the distance of 57.397' to a point;
THENCE,
3. Extending N23°18'27"W (crossing the Bulkhead line of the Delaware River at the distance of 589.344', established by the Secretary of War September 10, 1940) the total distance of 877.385' to a point on the said southeasterly side of Delaware Avenue;
THENCE,
4. Extending N63°51'33"E, along the said Southeasterly side of Delaware Avenue (also known as Christopher Columbus Boulevard) the distance of 93.833' to the first mentioned
POINT AND PLACE OF BEGINNING.
Containing: 65,226 Square Feet of land (1.49738 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 the premises described in subsection (b) for the purposes of the proposed development of 19 townhouses, each with two car parking, five of which 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 which shall be contained in the lease documents and shall further provide that such 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 any 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 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.
(B) Public walkways on the waterfront, 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.
(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).
(3) The provisions of this section may not 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, or any successor statute, which may require further measures to provide for public access and use of the land and adjacent water.
(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 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.