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An Ordinance approving the sale of certain real property owned by the County of Allegheny, Pennsylvania to a development group comprised of: Massaro Properties LLC; Langholz Wilson Ellis, Inc.; Kratsa Properties; and Tasso Katselas Associates, Inc. for the sale price of $4,900,000.00 for the purpose of demolishing the current building located thereon and constructing a new development including a hotel, office building, and parking garage.
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Whereas, the County of Allegheny, Pennsylvania (the “County”) is the owner in fee simple of certain real property located in the 4th Ward of the City of Pittsburgh, identified as Block & Lot Number 28-J-97 and known as 3333 Forbes Avenue, Pittsburgh, Pennsylvania 15213 (the “Property”); and
Whereas, an as-yet unnamed development group comprised of local real estate development firms: Massaro Properties LLC; Langholz Wilson Ellis, Inc.; and Kratsa Properties and local architecture firm Tasso Katselas Associates, Inc. (the “Development Group”), desires to purchase the Property from the County for the purchase price of $4,900,000.00 (the “Sale”) for the purpose of demolishing the current building located on the Property and constructing a new development thereon, which will include a hotel, an office building containing classroom space for Carlow University, and a parking garage which will also include retail space (the “Project”).
WHEREAS, Article IV, Section 2 (k) of the Allegheny County Home Rule Charter AND Article 5-701.03 of the Administrave Code of Allegheny County vests the County's Council with the power and duty by ordinance to convey County owned land, buildings or other real or personal property owned by the County; and
WHEREAS, the County Manager has determined that it is no longer in the interest of Allegheny County to maintain the Property; and
WHEREAS, the County and the Development Group have agreed upon the consideration for the Property which the Department of Economic Development feels is fair and reasonable under the circumstances; and
WHEREAS, the Council of Allegheny County is of the belief that the sale of the Property will inure to the benefit of the citizens of the County.; and
WHEREAS, representatives of the Development Group have represented to Council that they do not intend to solicit public funding for any portion of the new development;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Terms Defined.
Terms used in the preamble to this Ordinance are herein used as therein defined.
Section 3. Approval of Sale and Project.
The County, acting by and through its County Council, hereby approves the Sale of the Property to the Development Group for the purchase price of $4,900,000.00 for the purpose of undertaking and completing the Project. The proper officials of the County are hereby authorized to, in the name of and for and on behalf of the County, execute and deliver any and all contracts, agreements of sale, deeds, and/or other documents in order to consummate the Sale and convey the Property to the Development Group and/or the entity it forms for the purchase price of $4,900,000.00, on terms determined as satisfactory to such proper officials; provided, however, that all such contracts, agreements of sale, deeds, and/or other documents shall be subject to review and approval by the County manager and approval as to form by the County Solicitor.
Section 4. Public Funding.
The approval contained within this Ordinance is contingent upon the Development Group neither soliciting nor accepting any public funding in any form for the new development project described herein. For the purposes of this Section, “public funding” shall be deemed to include, but not be limited to, any appropriation(s) or other direct contribution(s) made for the purpose of aiding the described development project by any unit of government or governmental agency or authority, and any financing provided by any unit of government under the terms of the Tax Increment Financing Act, 53 P.S. §6930.01, Local Economic Revitalization Tax Assistance Act, 72 P.S. §4722, or other applicable statute.
Section 5. Conditional Deed.
The approval contained herein is contingent upon the County executing a conditional deed for the sale of the property described. Such conditional deed must convey the property described herein to the Development Group in fee simple determinable, and must provide that ownership of the property automatically reverts to the County in the event that the Development Group or any successor in ownership of the property described herein attempts to sell or otherwise convey the property in any fashion that would result in the property or any portion thereof or future improvement(s) thereto being classified as exempt from County taxation.
Section 6. Proceeds of Sale.
All proceeds from the sale of County property authorized by this Ordinance shall be deposited in a special account created for the purpose of making improvements to the health department facilities, development, programs and operations. All appropriations from the special account created pursuant to this Section shall be made by resolution, in accordance with applicable law relating to the appropriation of County funds.
Section 7. 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 8. 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 Ordinance.
SUMMARY OF LEGISLATION
SALE OF PROPERTY AT 3333 FORBES AVE., PITTSBURGH, PA 15213
SUBMITTED FOR COUNCIL MEETING SEPTEMBER 8, 2009
The approval of the Council of the County of Allegheny, Pennsylvania is requested for the sale of certain real property owned by the County and located in the 4th Ward of the City of Pittsburgh, identified as Block & Lot Number 28-J-97 and known as 3333 Forbes Avenue, Pittsburgh, Pennsylvania 15213 (the “Property”), to an as-yet unnamed development group comprised of local real estate development firms: Massaro Properties LLC; Langholz Wilson Ellis, Inc; and Kratsa Properties and local architecture firm Tasso Katselas Associates, Inc. (the “Development Group”).
The purchase price for the Property shall be $4,900,000.00, and the Development Group shall demolish the current structure located on the Property and shall construct a new development consisting of a hotel, an office building (including classroom space for Carlow University) and a parking garage (including retail space). Approval has been requested and granted for the County to enter into any and all contracts, agreements of sale, deeds and/or other documents necessary to consummate the sale and convey the Property to the Development Group.