Bill 260763

Title Authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into lease or sublease agreements with the Philadelphia Authority for Industrial Development for all or a portion of the premises that includes certain parcels of land, generally referred to as Victory Gardens and Emerson Landfill, for environmental remediation of the land, development of a facility at said premises, and use as a training facility, all under certain terms and conditions. Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. The Commissioner of Public Property is hereby authorized, on behalf of the City of Philadelphia, to enter into multi-year lease or sublease agreements with the Philadelphia Authority for Industrial Development (“PAID”), with the City as landlord, for use by the Operating Engineers Joint Apprenticeship, Training and Safety Fund of Philadelphia, Eastern Pennsylvania and the State of Delaware or affiliated entity as tenant or subtenant, of all or a portion of the premises that includes a certain parcels of land, as described in Exhibit A-1 (the “Premises”), generally referred to as Victory Gardens, consisting of approximately 12.49 acres, and Emerson Landfill, consisting of approximately 8.6583 acres, for environmental remediation of the land and the development of a training facility at the Premises, pursuant to terms substantially set forth in Exhibit A-2. SECTION 2. The Commissioner of Public Property is hereby authorized to take all actions deemed by the Commissioner to be necessary and appropriate to carry out the provisions and intent of this Ordinance, including executing and amending any and all instruments and ancillary documents that are necessary and appropriate. SECTION 3. The City Solicitor is hereby authorized to review, negotiate, amend and approve the various leases and subleases and all other instruments and documents necessary and appropriate to effectuate this Ordinance, which leases, subleases, instruments and documents shall contain such terms and conditions as the City Solicitor shall deem necessary, desirable, and proper to protect the interests of the City of Philadelphia. EXHIBIT A-1 Aerial Map of the Victory Gardens and Emerson Landfill Premises Victory Gardens - Containing an area of approximately 12.49 Acres. Emerson Landfill - Containing an area of approximately 8.6583 Acres. EXHIBIT A-2 Terms of Proposed Sublease For Victory Gardens and Emerson Landfill Premises 1. Landlord: City of Philadelphia. 2. Tenant/Sublandlord: Philadelphia Authority for Industrial Development. 3. Tenant/Subtenant: Operating Engineers Joint Apprenticeship, Training and Safety Fund of Philadelphia, Eastern Pennsylvania and the State of Delaware, or affiliated entity (“Subtenant”). 4. Premises Location: Certain parcels of land, southeast of the intersection of Fort Mifflin Road and Hog Island Road, generally referred to as Victory Gardens, consisting of approximately 12.49 acres, and Emerson Landfill, consisting of approximately 8.6583 acres, and as described in Exhibit A-1. 5. Use of the Premises: Subtenant shall first perform environmental remediation and second construct a facility for use by Subtenant as a training facility for its apprentices. 6. Initial Term of Lease: Ten (10) years. 7. Renewal Term: The City shall have the sole discretion to renew the lease for two (2) successive five (5) year terms. 8. Special Terms: Subtenant shall: (a) perform environmental remediation of the Premises pursuant to the Act 2 Land Recycling Program requirements; (b) reserve, on an annual basis, a minimum of ten percent (10%) of its available apprentice openings in the Operating Engineers Joint Apprenticeship, Training and Safety Fund of Philadelphia, Eastern Pennsylvania and the State of Delaware training cohorts for individuals who reside in the City of Philadelphia and meet the requirements of Subtenant; (c) host on-site job fairs organized by the City; (d) cooperate with the City in expanding the applicant pool; (d) provide additional pre-apprentice and/or apprentice training opportunities for Philadelphia residents. 9. Rent: Base Rent shall be one dollar ($1.00) per year, provided that Subtenant completes the Act 2 Land Recycling Program environmental remediation and remains in compliance with the Special Terms. 10. No Financial Responsibility for City: The City and PAID shall disclaim all and assume no financial or contractual obligations to appropriate, allocate or contribute any money whatsoever to, or on behalf of, Subtenant related to the sublease and Subtenant’s use and occupation of the Premises. 11. Remediation and Improvements: Subtenant shall obtain City consent and approval of all plans before commencement of the Act 2 Land Recycling Program environmental remediation and, subsequently, the development of the Subtenant training facilities. End