TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania authorizing the County to amend and restate a land lease agreement for a parcel of property located within Settlers Cabin Park with the Horticultural Society of Western Pennsylvania for the development, construction and operation of a Botanic Garden within Settler Cabin Park.
BODY
Whereas, the County of Allegheny (hereinafter “County”) entered into a Land Lease with the Horticultural Society of Western Pennsylvania (hereinafter “Horticultural Society”) dated April 6, 1998, further identified as Agreement No. 39177 for a certain parcel of land within Settlers Cabin Park for the development of a botanic garden (“Original Lease”); and
Whereas, County and Horticultural Society desire to modify, amend and restate the terms, covenants and conditions of the Original Lease in its entirety (hereinafter the “Amended and Restated Lease”); and
Whereas, the Amended and Restated Lease provides that in return for County continuing to lease to the Horticultural Society, for the original term of ninety-nine years commencing March 1, 1998, a parcel of property in Settlers Cabin Park (hereinafter the “Park”), including the mineral rights thereunder, consisting of 452 acres more or less (hereinafter the “Premises”) for a One ($1.00) Dollar per year, the Horticultural Society shall: (i) reclaim the abandoned coal mines through coal removal; (ii) abate, remediate and monitor existing water pollution in, on and under the Premises associated with the abandoned coal mines in accord with the plans approved by the Pennsylvania Department of Environmental Protection; (iii) develop, operate and maintain the Premises into a first class botanic garden, at no cost to the County, according to a Master Plan which will be approved in advance by the Director of the County Parks Department; (iv) keep the Premises landscaped in accordance with a first class botanical garden and maintain the Botanical Garden and improvements to the Premises in good and safe repair and condition during the term; (v) give preference to Allegheny County residents through a reduction in its admission fee for County residents on a routinely scheduled basis, or by providing another similar benefit acceptable to County; and (v) adhere to “street pricing” relating to the sale of all food, refreshments, clothing and paraphernalia to the public at the Botanic Garden and any other facilities on the Premises; (vi) dedicate to the Botanic Garden and its projects located solely within the boundaries of Settlers Cabin Park any payment the Horticultural Society may receive in the form of royalties related to the extraction of coal that the Horticultural Society owns under Settlers Cabin Park but outside of the Premises; and (vii) cooperate with County and bargain in good faith regarding a reasonable royalty rate to be paid to the County should County desire to develop and/or reclaim other portions of Settlers Cabin Park in the event such project calls for extraction of coal owned by the Horticultural Society.
Whereas, a copy of the Amended and Restated Lease is attached hereto, marked as Exhibit “A”, and incorporated herein.
Whereas, Article IV Section 2(k) of the Allegheny County Home Rule Charter vests County's Council with the power and duty by ordinance to approve the lease or use of County owned property.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2 Authorization of Acceptance of a Donation of Personal Property.
A. The County Council of Allegheny County hereby does approve the terms and conditions of the Amended and Restated Land Lease. The appropriate County officers and officials are authorized to execute the Amended and Restated Land Lease and any other documents required under the Amended and Restated Land Lease and take such other action as is necessary to carry out the purpose of the authorization granted herein.
Section 3. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 4. Repealer. Any resolution or ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Resolution.