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Resolution authorizing the Mayor and/or the Director of the Department of Finance and/or the Director of the Department of Public Works, on behalf of the City of Pittsburgh, to execute as necessary, Instruments for the Declaration of Restrictions and Covenants (“IRDC”) in favor of the Allegheny County Sanitary Authority (“ALCOSAN”) to permit the installation of green infrastructure at the Bob O’Connor Golf Course Clubhouse in Schenley Park, as funded by the ALCOSAN Grow Grant awarded to the City; and further authorizing the Mayor and/or the Director of the Department of Public Works and/or the Director of the Department of Finance to enter into any other necessary Agreements between the City of Pittsburgh and ALCOSAN necessary to implement the Grow Grant projects for the benefit of the public.
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WHEREAS, the Allegheny County Sanitary Authority (“ALCOSAN”) is providing funds in the form of “Grow Grants” to the City of Pittsburgh to implement green infrastructure improvements (the “Grow Grant Projects”) upon parcels of land owned by the City of Pittsburgh, the “Grow Grant Sites”; and
WHEREAS, the Grant Agreement requires that ALCOSAN has access to the Grow Grant Projects during the construction and operation of the Project and the City of Pittsburgh is willing to provide ALCOSAN the necessary access through the City property and upon its right-of-way; and
WHEREAS, the Grant Agreement further requires that City of Pittsburgh agrees to operate and maintain each Grow Grant Project for at least twenty (20) years from the date the project is complete; and the City of Pittsburgh is willing to so agree; and
WHEREAS, the Grant Agreement further requires that ALCOSAN be permitted to access each Grow Grant Project for at least twenty (20) years from the date the project is complete; and the City of Pittsburgh is willing to allow ALCOSAN have access to monitor the projects for the necessary time period upon the Grow Grant Site; and
WHEREAS, the parties now wish to document the terms and conditions relating to the Instruments for the Declaration of Restrictions and Covenants and for any other Agreements between the City of Pittsburgh and ALCOSAN necessary to implement the Grow Grant Projects for the benefit of the public.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Director of the Department of Finance and/or the Director of Public Works, on behalf of the City of Pittsburgh, are authorized to execute an Instrument for the Declaration and of Restrictions and Covenants (“IRDC”) in favor of ALCOSAN to allow ALCOSAN access to the Grow Grant Project and/or to prevent the use or development of the Grow Grant Project site in any manner that may impair or conflict with the operation and maintenance of the Grow Grant Project for at least twenty (20) years from the date the relevant project is complete, subject to rights retained by the City for public safety and other essential purposes. IRDC will be filed with the Allegheny County Recorder of Deeds.
Section 2. Any document or instrument authorized in this Resolution must be approved by the City Solicitor as to form.