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 Gard...
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