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 International Union of Operating Engineers Local 542 (“Local 542”) 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 Local 542 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 12.492307 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:
International Union of Operating Engineers Local 542 (“Local 542”).
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:
Local 542 shall first perform environmental remediation and second construct a facility for use by Local 542 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 Local 542 Joint Apprenticeship Training Committee training cohorts for individuals who reside in the City of Philadelphia and meet the requirements of Local 542; (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 Local 542 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, Local 542 related to the sublease and Local 542’s use and occupation of the Premises.
11.
Remediation and Improvements:
Local 542 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 Local 542 training facilities.
End