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BillENACTED

Bill 080540

Authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners, LP allowing Main Street Properties, LP to construct a deck over a certain portion of the Manayunk Canal Towpath at 2 Rector Street under certain terms and conditions.

Introduced Jun 5, 2008Committee on Parks, Recreation and Cultural AffairsOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember JonesCouncilmember Reynolds Brown

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “… 15-200 of The Philadelphia Code, entitled "Fairmount Park," by removing 5100 Pennypack Street; and Bill No. 080540, an ordinance authorizing the Commissioner of Public Property and Executive Director of the Fairmount Park to enter into an air rights license agreement with Main Street Partners; and Bill No. 080425, an ordinance authorizing the Mayor, on behalf of the City, to execute a Mutual Aid Agreement by and bet…”

    Chief Clerk · Stated Meeting, June 19, 2008 · Jun 19, 2008 · official transcript, this passage

  2. “…rk,' by removing 5100 Pennypack Street from the areas under the the Fairmount Park Commission"; and Bill No. 080540, entitled "An ordinance authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners to construct a deck over a certain portion of the Manayunk Canal Towpath at 2 Rector Street, under certain terms an…”

    Chief Clerk · Stated Meeting, June 12, 2008 · Jun 12, 2008 · official transcript, this passage

  3. “And Bill No. 080540, an ordinance authorizing the Commissioner of Public Property and the Executive Director of the Fairmount Park to enter into an air rights license agreement with Main Street Partners.”

    Chief Clerk · Stated Meeting, June 12, 2008 · Jun 12, 2008 · official transcript, this passage

Status timeline

  1. Jun 5, 2008
    Referred · CITY COUNCIL
  2. Jun 5, 2008
    Introduced · CITY COUNCIL

    Recorded result: Pass

    A motion was made by Councilmember Jones that this matter be Introduced. The motion carried unanimously.

  3. Jun 11, 2008
    HEARING NOTICES SENT · Committee on Parks, Recreation and Cultural Affairs
  4. Jun 11, 2008
    HEARING HELD · Committee on Parks, Recreation and Cultural Affairs
  5. Jun 11, 2008
    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Parks, Recreation and Cultural Affairs
  6. Jun 12, 2008
    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  7. Jun 12, 2008
    SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL

    Recorded result: Pass

    A motion was made by Councilmember Reynolds Brown that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

  8. Jun 12, 2008
    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  9. Jun 19, 2008
    READ · CITY COUNCIL
  10. Jun 19, 2008
    PASSED · CITY COUNCIL

    Recorded result: Pass

    A motion was made that this matter be PASSED. The motion carried by the following vote:

  11. Jul 2, 2008
    SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners, LP allowing Main Street Properties, LP to construct a deck over a certain portion of the Manayunk Canal Towpath at 2 Rector Street under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. The Commissioner of Public Property and the Executive Director of Fairmount Park are hereby authorized to enter into an air rights license agreement with Main Street Partners, LP allowing Main Street Properties, LP to construct a deck over a certain portion of the Manayunk Canal Towpath at a property located at 2 Rector Street under certain terms and conditions. SECTION 2. The terms of the proposed air rights license agreement shall be substantially similar to the terms set forth in Terms Sheet attached hereto as Exhibit "1", with such changes as the City Solicitor deems necessary or appropriate to protect the interests of the City. EXHIBIT "1" TERMS FOR PROPOSED AIR RIGHTS LICENSE AGREEMENT 1. Licensor: City of Philadelphia/Fairmount Park Commission Licensee: Main Street Properties, LP 2. Property Address/ Bourbon Blue, 2 Rector Street in Manayunk. Deck Location of Deck to be located above the Manayunk canal towpath. 3. Size of Deck: Approximate 410 square foot deck. 4. Commencement Date: The earlier of the opening of the deck or April 1, 2009. 5. Initial Term: 5 years 6. Renewal Options Two (2) renewal periods of five (5) years each. Periods: Each option will be exercised on the mutual agreement of all three parties (Licensee, Property Owner and Business Owner). 7. Base License Fee: $20.00 per square foot for year one with annual percentage increases based upon the Philadelphia Area Consumer Price Index (CPI). License Fee may be paid on an annual basis (12 months). 8. Renewal Option License Years 6-10; The higher of $23.00 per square foot or Fees: the CPI adjusted rent from year 5, with annual percentage increases based upon CPI. Years 11-15; The higher of $27.00 per square foot or the CPI adjusted rent from year 10, with annual percentage increases based upon CPI. 9. Bond For Demolition: Main Street Properties, LP to obtain a Bond in the amount of the cost of the deck demolition currently estimated to be $7,500.00. 10. Termination: Property owner reserves the right to terminate the Air Rights License Agreement at any time with three months written notice to Fairmount Park. License payments will cease once the deck structure has been removed. 11. Maintenance: Property owner will maintain the deck in good order, condition and repair. Property owner will maintain, repair or replace any section of the deck as needed. Property owner is responsible to remove trash and litter daily on the towpath that is a result of use of the deck. 12. Assignment: Property Owner may assign or sublicense the air rights upon Fairmount Park's prior written consent; such consent shall not be unreasonably withheld, conditioned or delayed except that any assignment or sublicense shall not result in a substantial change of use of the deck. 13. Existing Stairs: Existing stairs at the north side of Rector Street will be demolished and replaced by similar stairs on the south side at the sole cost and expense of Main Street Properties, LP. 14. Use Restrictions: No amplified or live music, commercial banners, visual clutter, tenting, roof structures and/or cooking will be allowed on the deck. 15. Applicable Laws: Construction and use of the deck will be subject to all applicable laws and execution of the final license agreement will be subject to approval of the agreement by Philadelphia City Council and the Law Department. ..End