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Bill No. 08054000.pdf
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City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 080540
Introduced June 5, 2008
Councilmembers Jones and Reynolds Brown
Referred to the
Committee on Parks, Recreation and Cultural Affairs
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, 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.
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.
City of Philadelphia
BILL NO. 080540 continued
City of Philadelphia - 2 -
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
City of Philadelphia
BILL NO. 080540 continued
City of Philadelphia - 3 -
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.
City of Philadelphia
BILL NO. 080540 continued
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