Pennsylvania Act 2018-66 — CONVEYANCE - COMMONWEALTH PROPERTY IN VINCENT TOWNSHIP, CHESTER COUNTY

Act text

An Act

Authorizing the Department of General Services to extend the term of a certain lease of real property, being a portion of the Southeastern Pennsylvania Veterans' Center in East Vincent Township, Chester County; authorizing the Department of Conservation and Natural Resources, with the approval of the Governor, to grant and convey to Robbie S. Cohen-Millstein certain lands situate in Nockamixon Township, Bucks County, in exchange for Robbie S. Cohen-Millstein granting and conveying certain lands to the Commonwealth of Pennsylvania, Department of Conservation and Natural Resources, to be added to those existing lands at Delaware Canal State Park; authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to Pier 35 1/2 LLC, or its nominee, land within the bed of the Delaware River in the City of Philadelphia; authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to Penn Treaty Views LLC, or its nominee, land within the bed of the Delaware River in the City of Philadelphia; and authorizing the Department of General Services, with the concurrence of the Department of Environmental Protection, to lease to K4 Philadelphia, LLC, or its nominee, land within the bed of the Delaware River in the City of Philadelphia.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Extension of lease term.

Notwithstanding any other statutory provision to the contrary, the Department of General Services is authorized to extend the original term of that certain Lease Agreement, #LML-2016-1, for property being a portion of the Southeastern Pennsylvania Veterans' Center in East Vincent Township, Chester County, between the Commonwealth of Pennsylvania, acting by and through the Department of General Services, with the approval of the Department of Military Affairs and the Governor, and the County of Chester, dated May 19, 2016, to a 15-year term, in accordance with the terms and conditions of the lease agreement. The lease agreement shall be on file with the Department of General Services.

Section 2. Conveyance in Nockamixon Township, Bucks County.

(a) Authorization.--The Department of Conservation and Natural Resources, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to grant and convey to Robbie S. Cohen-Millstein certain lands situate in Nockamixon Township, Bucks County, in exchange for that certain property to be conveyed to the Commonwealth of Pennsylvania, acting by and through the Department of Conservation and Natural Resources, in accordance with subsection (c).

(b) Conveyance of lands to Robbie S. Cohen-Millstein.--The property to be conveyed in accordance with this act consists of approximately 0.10 acres, located in Nockamixon Township, Bucks County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the line between the property formerly of Margaret Cowperthwaite and the property now or late of Robert and Rebecca Ranieri, said iron pipe being on the north side, 13.6 feet perpendicular from the centerline of State Route 32, thence N 28°5' W, 62.35 feet to a point in Gallows Run, thence in and along Gallows Run, N 58°15' E, 56.64 feet to a point 8 feet southwestwardly from the edge of the Delaware Canal, thence along the bank of the Canal, S 62°53' E, 19.88 feet to a point 8 feet southwestwardly from the edge of the Delaware Canal, thence parallel to the bank of the Canal, S 44°08' E, 26.95 feet to a point, thence along land of Robbie S. Cohen-Millstein, S 45°52' W, 31.45 feet to a point on the west edge of a stone wall, thence along land of said Cohen-Millstein, along the edge of the said stone wall, S 27°30' E, 33.3 feet to a point along the edge of State Route 32, thence along the edge of State Route 32, S 84°5' W, 48.33 feet to place of beginning. BEING the same premises conveyed to the Commonwealth of Pennsylvania from Margaret Cowperthwaite, by deed dated October 12th, 1967 and recorded November 16th, 1967 in the Bucks County Recorder of Deeds Office at Book 1882, Page 904.

(c) Conveyance of lands to Commonwealth.--The property to be conveyed in accordance with this act consists of approximately 0.25 acres, located in Nockamixon Township, Bucks County, Commonwealth of Pennsylvania, bounded and described as follows: BOUNDED on the West by lands of Gregory and Jane Wuerstle, on the North by the Delaware River, on the East by Gallows Run, and on the South by the towpath of the Delaware Canal. BEING known as Bucks County, Pennsylvania tax map number 30-008-045. BEING part of the same premises conveyed to Robbie S. Millstein by deed dated December 30th, 2013 and recorded December 31st, 2013 in the Bucks County Recorder of Deeds Office as Instrument Number 2013101582.

(d) Conditions of conveyance.--The conveyances described in this section shall be made concurrently and under and subject to all lawful and enforceable easements, servitudes and rights of others, including, but not limited to, streets, roadways and rights of any telephone, telegraph, water, electric, gas or pipeline companies, as well as under and subject to any lawful and enforceable estates or tenancies vested in third persons appearing of record, for any portion of the land or improvements erected thereon.

(e) Deeds.--The deed of conveyance of the property described in subsection (b) shall be by special warranty deed and shall be executed by the Secretary of Conservation and Natural Resources in the name of the Commonwealth of Pennsylvania.

(f) Costs and fees.--All costs and fees incidental to the conveyances contained in this section shall be borne by their respective parties. This provision shall not apply to any taxes to which the Commonwealth is immune.

(g) Time period for conveyances.--In the event that these conveyances are not executed by December 31, 2019, the authorization contained in this section shall become null and void.

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.

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.

Section 5. Land within the Delaware River bed and 1341 South Christopher Columbus Boulevard, City of Philadelphia.

(a) Authorization.--The Commonwealth owns the lands within the bed of the Delaware River, a portion of which is located in the 1st Ward of the City of Philadelphia, and includes lands commonly known as 1341 South Christopher Columbus Boulevard, Pier No. 55 and Pier 57, and referred to collectively as the "Properties," all of which are more fully described in subsection (b). 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 rent or consideration, to K4 Philadelphia, 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) Property description.--The Properties to be leased are more particularly described as follows:

(1) PIER 55 IMPROVEMENT AREA

ALL THAT CERTAIN parcel or tract of land, situate in the 1st Ward of the City of Philadelphia, Commonwealth of Pennsylvania, bounded and described as follows:

BEGINNING at an internal point, the said point being measured the following eleven (11) courses and distances from the point formed by the intersection of the Easterly side of Christopher Columbus Boulevard (formerly Delaware Avenue) (150 feet wide right of way, on city plan, legally open) with the Northerly side of Tasker Street (50 feet wide, on city plan, legally open):

Along the said Easterly side of Christopher Columbus Boulevard North 14º 39' 39" East 1.100.603 feet to a point; thence

i) South 75º 14' 21" East 260.125 feet to a point; thence

ii) North 14º 39' 39" East, passing over a mag nail at 233.000 feet, 638.917 feet to a mag nail; thence

iii) South 10º 01' 00" East 42.167 feet to a mag nail; thence

iv) North 79º 54' 00" East 65.379 feet to a point; thence

v) South 09º 55' 48" East 125.011 feet to a point; thence

vi) South 14º 10' 50" West 94.558 feet to a point; thence

vii) South 16º 50' 45" East 74.521 feet to a point; thence

viii) South 32º 53' 11" East 55.989 feet to a point; thence

ix) South 70º 01' 47" East 72.491 feet to a point; thence

x) North 76º 59' 44" East 161.484 feet to the point and place of beginning.

xi) Thence from said point of beginning North 13º 00' 16" West 26.320 feet to a point; thence

xii) North 79º 56' 28" West 58.913 feet to a point; thence

xiii) North 70º 01' 47" West 20.351 feet to a point; thence

xiv) North 11º 43' 14" West 2.583 feet to a point; thence

xv) South 75º 20' 21" East 4.139 feet to a point; thence

xvi) North 76º 47' 02" East 121.312 feet to a point; thence

xvii) South 75º 14' 53" East 375.478 feet to a point; thence

xviii) South 8º 27' 40" East 49.713 feet to a point; thence

xix) South 14º 45' 07" West 62.459 feet to a point; thence

xx) South 75º 14' 53" East 7.986 feet to a point; thence

xxi) South 14º 45' 07" West 29.303 feet to a point; thence

xxii) North 75º 14' 53" West 391.472 feet to a point; thence

xxiii) North 13º 00' 16" West 65.448 feet to the aforesaid point and place of beginning.

CONTAINING WITHIN SAID BOUNDS 58,081.7 SQUARE FEET (58,279.3 US SQUARE FEET) OR 1.3334 ACRE MORE OR LESS.

(2) PIER 55 ACCESS IMPROVEMENT AREA.

ALL THAT CERTAIN PARCEL or tract of land, situate in the 1st Ward of the City of Philadelphia, Commonwealth of Pennsylvania, bounded and described as follows:

BEGINNING at an internal point, the said point being measured the following eleven (11) courses and distances from the point formed by the intersection of the Easterly side of Christopher Columbus Boulevard (formerly Delaware Avenue) (150 feet wide right of way, on city plan, legally open) with the Northerly side of Tasker Street (50 feet wide, on city plan, legally open):

A. Along the said Easterly side of Christopher Columbus Boulevard North 14º 39' 39" East 1,100.603 feet to a point; thence

B. South 75º 14' 21" East 260.125 feet to a point; thence

C. North 14º 39' 39" East, passing over a mag nail at 233.000 feet, 638.917 feet to a mag nail; thence

D. South 10º 03' 00" East 42.167 feet to a mag nail; thence

E. North 79º 54' 00" East 65.379 feet to a point; thence

F. South 09º 55' 48" East 125.011 feet to a point; thence

G. South 14º 10' 50" West 94.558 feet to a point; thence

H. South 16º 50' 45" East 74.521 feet to a point; thence

I. South 32º 53' 11" East 55.989 feet to a point; thence

J. South 70º 01' 47" East 72.491 feet to a point; thence

K. North 76º 59' 44" East 88.852 feet to the point and place of beginning.

L. Thence from said point of beginning North 11º 43' 14" West 60.490 feet to a point; thence

M. South 70º 01' 47" East 20.351 feet to a point; thence

N. South 79º 56' 28" East 58.913 feet to a point; thence

O. South 13º 00' 16" East 56.320 feet to a point; thence

P. South 76º 59' 44" West 73.304 feet to a point; thence

Q. North 11º 43' 14" West 30.008 feet to the aforesaid point and place of beginning.

CONTAINING WITHIN SAID BOUNDS 5,220.1 SQUARE FEET (5,238.5 US SQUARE FEET) OR 0.1198 ACRE MORE OR LESS.

(3) PIER 57 IMPROVEMENT AREA.

ALL THAT CERTAIN parcel or tract of land, situate in the 1st Ward of the City of Philadelphia, Commonwealth of Pennsylvania, bounded and described as follows:

BEGINNING at an internal point, the said point being measured the following eight (8) courses and distances from the point formed by the intersection of the Easterly side of Christopher Columbus Boulevard (formerly Delaware Avenue) (150 feet wide right of way, on city plan, legally open) with the Northerly side of Tasker Street (50 feet wide, on city plan, legally open):

i) Along the said Easterly side of Christopher Columbus Boulevard North 14º 39' 39' East 1,038.156 feet to a point; thence

ii) South 64º 29' 30" East 259.793 feet to a point; thence

iii) North 14º 46' 39" East 51.260 feet to a point; thence

iv) South 75º 13' 21" East 529.755 feet to a point; thence

v) South 06º 04' 42" West 39.423 feet to a point; thence

vi) South 14º 42' 08" East 37.638 feet to a point; thence

vii) South 75º 13' 21" East 52.564 feet to a point; thence

viii) North 11º 43' 14" West 9.428 feet to the point and place of beginning.

ix) Thence from said point of beginning North 11º 43' 14" West 148.576 feet to a point; thence

x) South 75º 14' 54" East 416.521 feet to a point; thence

xi) South 30º 14' 41" East 33.884 feet to a point; thence

xii) South 14º 45' 07" West 109.039 feet to a point; thence

xiii) 5. North 75º 14' 53" West 374.250 feet to the aforesaid point and place of beginning.

CONTAINING WITHIN SAID BOUNDS 53,891.9 SQUARE FEET (54,075.3 US SQUARE FEET) OR 1.2372 ACRE MORE OR LESS.

(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 lessee (the "Lease") for a term of 99 years, with an option in favor of the lessee to extend such term for all or any portion of the Properties for up to 99 years. The Lease shall provide rent or consideration 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 lessee the right to sublease, and to permit the further subsubleasing, subsubsubleasing and so on, of all or any portion of the Properties for residential, office, commercial, retail, condominium, hotel, marina or other public uses, or uses as may be permitted in accordance with applicable law, including, but not limited to, municipal land use regulations.

(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 Commonwealth shall agree that, if the Commonwealth succeeds to the interest of the sublessor under the sublessee's sublease, the Commonwealth may not terminate that sublease unless the sublessee is in default.

(e) Improvement.--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 of the Properties and any improvements on the Properties 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 under this section shall be consistent with public and maritime purposes.

(f) Free public access.--

(1) 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 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 of the leasehold premises to be used in a manner inconsistent with these conditions, all rights and interests in the lease shall terminate immediately.

(ii) (Reserved).

(2) (Reserved).

(g) Land use restriction.--All leases authorized or referred to under this section shall include the condition 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 may 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 of the parcels, to be used in a manner inconsistent with the conditions contained in this section, all rights and interests in the lease authorized under this section shall terminate immediately.

(j) 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 preparation, execution and review of the lease, nondisturbance agreements and related documents.

(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.

Section 6. Effective date.

This act shall take effect immediately.