PRINTER'S NO. 1682
No. 1189 Session of 2006
INTRODUCED BY FUMO, APRIL 4, 2006
REFERRED TO STATE GOVERNMENT, APRIL 4, 2006
AN ACT
1 Conveying land within the Delaware River bed.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Land within Delaware River bed.
5 (a) Authorization.--The Commonwealth owns the lands within
6 the bed of the Delaware River, a portion of which lands are
7 located in the 11th Ward of the City of Philadelphia, and which
8 includes lands commonly known as Pier 35 1/2. The Department of
9 General Services, with the concurrence of the Department of
10 Environmental Protection, acting on behalf of the Commonwealth,
11 is hereby authorized to lease, for such consideration as shall
12 be agreed upon by the parties, to VTE Philadelphia, LP, its
13 successors or assigns (including any condominium association),
14 for an initial term of ninety-nine (99) years one tract of land
15 within the bed of the Delaware River in the City of
16 Philadelphia, and to extend the period for all or any portion of
17 the leased premises for an additional term of up to 99 years.
1 (b) Description of property.--The land to be leased is more
2 particularly described as follows:
3 Beginning at a point on the dividing line between Lot 9, Map
4 5 N 4, lands now or formerly Berman and Lot 16, Map 6 N 6, lands
5 now or formerly Isle of Capri Associates, L.P., said point being
6 distant the following two (2) courses and distances from the
7 intersection of the southeasterly right-of-way line of Penn
8 Street (60 foot wide right-of-way, legally open) and the
9 easterly right-of-way line of Delaware Avenue (a.k.a.
10 Christopher Columbus Boulevard, a.k.a. S.R. 2001, 150 foot wide
11 right-of-way, legally open):
12 A. Along the southeasterly right-of-way line of Penn Street,
13 north 43 degrees 30 minutes 00 seconds east, a distance
14 of 140.229 feet to a drill hole, thence;
15 B. Along the dividing line between Lot 9, Map 5 N 4 and Lot
16 16, Map 6 N 6, south 47 degrees 02 minutes 00 seconds
17 east, a distance of 194.573 feet to the true point and
18 place of beginning and from said point of beginning
19 running, thence;
20 The following two (2) courses and distances along the dividing
21 line between Lot 9, Map 5 N 4 and Lot 16, Map 6 N 6:
22 1. South 67 degrees 54 minutes 00 seconds east, a distance
23 of 125.667 feet to a point, thence;
24 2. South 46 degrees 04 minutes 40 seconds east, a distance
25 of 361.500 feet to a point on the northeasterly right-of-
26 way line of Fairmount Avenue (62 foot 2 inch wide right-
27 of-way, not open, not on the city tax registry), said
28 point is 53.976 feet on a bearing north 71 degrees 40
29 minutes 00 seconds west from the pierhead line of the
30 Delaware River (established January 5, 1894, approved by
20060S1189B1682 - 2 -
1 the Secretary of War September 10, 1940), thence;
2 3. Along the northeasterly right-of-way line of Fairmount
3 Avenue, north 71 degrees 40 minutes 00 seconds west, a
4 distance of 527.937 feet to a point on the bulkhead line
5 of the Delaware River, (established January 5, 1894,
6 approved by the Secretary of War September 10, 1940),
7 thence;
8 4. Along the bulkhead line of the Delaware River, north 43
9 degrees 17 minutes 06 seconds east, a distance of 181.316
10 feet to the point and place of beginning.
11 Containing 51.839 square feet or 1.19006 acres
12 This property subject to restrictions, covenants and/or
13 easements either written or implied. This description was
14 written based upon a map entitled "Boundary & Topographic
15 Survey, Pier 35 1/2 LLC, Penn Street & Fairmount Avenue, Pier 35
16 N, Lot 9, Map 5 N 4, 5th Ward, City & County of Philadelphia,
17 Commonwealth of Pennsylvania, prepared by Control Point
18 Associates, Inc., Project No. CP05006, Sheet 1 of 1, dated
19 2/3/2005.
20 (c) Lease agreement.--The lease and any other documents
21 hereby contemplated shall be approved by the Attorney General
22 and shall be executed by the Department of General Services with
23 the approval of the Department of Environmental Protection, in
24 the name of the Commonwealth. The lease shall grant the lessee
25 the right to assign the lease or sublease or permit one or more
26 subleases of the above-described premises for the purposes of
27 development, consistent with public and maritime uses, for
28 residential, office, commercial, restaurant, condominium, hotel,
29 marina or other uses.
30 (d) Sublease.--The Department of General Services, with the
20060S1189B1682 - 3 -
1 concurrence of the Department of Environmental Protection,
2 acting on behalf of the Commonwealth of Pennsylvania, is also
3 specifically authorized to enter into one or more nondisturbance
4 agreements with any sublessee (including any and all condominium
5 associations) of the premises (or any part or portion) described
6 in this act pursuant to which the Commonwealth will agree that,
7 if the Commonwealth succeeds to the interest of the sublessor
8 under the sublease, it will not terminate the sublease unless
9 the sublessee is in default.
10 (e) Improvements.--The Department of General Services, with
11 the approval of the Attorney General, is hereby authorized to
12 execute, on behalf of the Commonwealth of Pennsylvania, any
13 declaration or other document necessary to submit these premises
14 or any portion thereof and any improvements thereon to the
15 provisions of 68 Pa.C.S. Pt. II Subpt. B (relating to
16 condominiums) as a leasehold condominium.
17 (1) The Department of General Services, with the
18 approval of the Attorney General, is hereby authorized to
19 execute, on behalf of the Commonwealth of Pennsylvania, any
20 declaration or other document necessary to submit these
21 premises or any and all portions thereof and any improvements
22 thereon to the provisions of 68 Pa.C.S. Pt. II Subpt. B as a
23 leasehold condominium, including a master condominium and one
24 or more sub-condominium regimes.
25 (2) (i) Development of the parcels authorized to be
26 leased in this act shall be consistent with public and
27 maritime uses.
28 (ii) The lessee, all sublessees and their respective
29 successors and assigns shall provide and maintain a
30 public walkway along the south side of the pier and a
20060S1189B1682 - 4 -
1 platform on the east side of the pier for free public
2 access to the riverfront for year-round passive and
3 active recreational activities and signage indicating the
4 walkway and platform are open to the general public.
5 (iii) The public walkway and platform shall be
6 completed and open to the public no later than the date
7 the first tenant or resident occupies the leasehold.
8 (iv) Should the lessee, any sublessee or any of
9 their respective successors or assigns, wish to modify
10 the public access required under this subparagraph, it
11 must obtain the prior written approval of the Department
12 of Environmental Protection and the Department of General
13 Services, which approval shall not be unreasonably
14 withheld. The public access shall be constructed as part
15 of the construction of the improvements to the parcels.
16 (v) Before any fill is placed or any structure is
17 erected upon, in or over those portions of the parcels
18 which are under water on the effective date of this act,
19 the person placing such fill or erecting such structure
20 shall comply with the relevant provisions of the act of
21 November 26, 1978 (P.L.1375, No.325), known as the Dam
22 Safety and Encroachments Act.
23 (vi) These conditions shall be covenants that run
24 with the land and shall be binding upon the lessee, any
25 sublessee and their respective successors and assigns,
26 including any and all condominium associations. Should
27 the lessee, any sublessee or any of their respective
28 successors or assigns, permit the parcels authorized to
29 be leased under this act, or any portion thereof, to be
30 used in a manner inconsistent with the conditions
20060S1189B1682 - 5 -
1 contained in this subsection, all rights and interests in
2 the lease authorized by this act shall terminate
3 immediately.
4 (f) Consideration.--The Department of General Services shall
5 lease to VTE Philadelphia, LP the land within the bed of the
6 Delaware River as described in subsection (b) above upon such
7 terms and conditions and for such consideration as it shall,
8 with the concurrence of the Department of Environmental
9 Protection, establish through the lease agreement.
10 (g) Costs and fees.--Costs and fees incidental to the lease
11 authorized by this act shall be borne by the lessee.
12 (h) Sunset provision.--In the event that the lease
13 authorized by this act does not occur within 18 months following
14 the effective date of this act, the authority contained in this
15 act shall be void.
16 Section 2. Effective date.
17 This act shall take effect immediately.
D4L85JAM/20060S1189B1682 - 6 -