Presenter
Presented by Mr. Cohen
Title
Resolution providing for an Agreement or Agreements with the Sports & Exhibition Authority of Pittsburgh and Allegheny County for the grant of easements for the construction, maintenance and use of improvements to be constructed above certain portions of the public rights-of-way of Tenth Street and Tenth Street Bypass in connection with the expansion of the David L. Lawrence Convention Center in the 2nd Ward of the City of Pittsburgh, Council District No. 6.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Director of Public Works are hereby authorized to enter into an agreement or agreements with the Sports & Exhibition Authority of Pittsburgh and Allegheny County, in form approved by the City Solicitor for the construction, maintenance and use of improvements to be constructed above, on and beneath portions of the public right-of-way of Tenth Street and of Tenth Street Bypass, in connection with the expansion of the David L. Lawrence Convention Center, such easement substantially as set forth in Exhibit "A" attached hereto.
Draft
June 29, 2001
EASEMENT AGREEMENT
This Easement Agreement is made as of the __ day of __________, 2001, by and between the City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania ("City"), and the Sports & Exhibition Authority of Pittsburgh and Allegheny County, a body corporate and politic organized and existing pursuant to the Sports & Exhibition Authority Act, 16 P.S. Section 5501-A( the "SEA").
WITNESSETH:
WHEREAS, SEA proposes an expansion to the David L. Lawrence Convention Center to be located on the site bounded by Tenth Street Bypass/ Fort Duquesne Boulevard, Penn Avenue, Garrison Place and Eleventh Street (the "Convention Center Site") in the City of Pittsburgh ;and
WHEREAS, design of the Convention Center requires the utilization and occupation of certain above-grade, surface and sub-surface portions of the adjacent public right-of-way of Tenth Street and Tenth Street Bypass/ Fort Duquesne Boulevard as more fully described on Exhibit "A" hereto for certain building elements and/or appurtenant facilities; and
WHEREAS, the City has authorized the grant of the aforesaid Easement Area by Resolution No. __ of 2001, effective __________, 2001; and
WHEREAS, said grant of the Easement Area shall be subject to the various terms and conditions hereinafter set forth.
Now, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound hereby, the parties agree as follows:
1. Incorporation of Recitals. The above Recitals are incorporated herein by reference and made a part hereof.
2. Definitions. Unless the context clearly requires otherwise, the following terms shall have the meanings herein ascribed:
(a) Convention Center- the David L. Lawrence Convention Center being constructed on the Convention Center Site, including building elements and appurtenant facilities to be located in portions of the adjacent public rights-of-way of Tenth Street Bypass/ Fort Duquesne Boulevard and Tenth Street.
(b) Easement Area- those above-grade, surface and sub- surface portions of the public right-of-way of Tenth Street and Tenth Street Bypass, as shown and described on Exhibit "A" attached hereto and made a part hereof, which will be occupied by building elements and/or appurtenant facilities of the Convention Center including, but not limited to, the building overhang on Tenth Street Bypass/ Fort Duquesne Boulevard, the building spanning Tenth Street and the pedestrian passageway on Tenth Street.
3. Grant of Easement Area. For and in consideration of the advantages accruing to the City and for other consideration which it seeks to advance, the City hereby grants to SEA and its successors and assigns, an exclusive easement in the Easement Area for the use by SEA, its successors, assigns, tenants and business invitees, for the construction, reconstruction, repair, maintenance and use of those building elements and/ or appurtenant facilities of the Convention Center located therein, as set forth in Exhibit "A", including caissons, pile caps and other similar structural support systems.
4. Term. This grant of the Easement Area shall commence on the date hereof and shall continue so long as the Convention Center exists, or if the Convention Center has been damaged or destroyed by casualty, as long as any substantially equivalent reconstruction or replacement improvement, constructed within three (3) years of the date of such casualty, continues to exist on the Convention Center site. If any individual building element or appurtenant facility of the Convention Center located in the Easement Area is destroyed or otherwise removed from that portion of the Easement Area it occupies, and said building element or appurtenant facility is not reconstructed or otherwise replaced in substantially that portion of the Easement Area is previously occupied within three (3) years of that date of its destruction or removal, then upon the expiration of the three (3) year period, that portion of the Easement Area granted herein shall be extinguished and shall be terminated, and all rights in SEA created in said portion of the Easement Area hereunder shall cease.
5. Use. SEA shall have the right to use the Easement Area for the purpose of constructing, reconstructing, repairing, maintaining, and utilizing those building elements and/or appurtenant facilities proposed to be located in the Easement Area, as set forth in Exhibit "A".
6. Construction and Maintenance. SEA will, at its own cost and expense, construct and maintain the building elements and/or appurtenant facilities ( including the pedestrian passageway) to be located in the Easement Area, as more fully described on Exhibit A hereto. SEA shall bear the full cost and expense of the repair of any street, pavement and curb damage, repair or replacement of sewer, water lines and other surface and sub-surface structures of the City which may be in any way disturbed or damaged by reason of the construction, maintenance, use or operation of the building elements and/or appurtenant facilities to be located in the Easement Area.
City will, at its sole cost and expense, maintain the streets constructed above and/ or below the Easement Area. City will maintain in such a manner so as not to unreasonably interfere with the use by SEA of the building elements and/or appurtenant facilities located in the Easement Area. City will pay the cost of electricity for the lighting of those streets. SEA will install the lighting facilities for lighting the Easement Area streets and will be responsible for maintaining those lighting facilities, including the replacement of bulbs, as necessary, all at the cost and expense of SEA.
SEA will, at its sole cost and expense, maintain and use the building elements and /or appurtenant facilities constructed in the Easement Area.
7. Operation of Pedestrian Passageway. The SEA will be responsible for the operation of the pedestrian passageway and will be permitted to close it or otherwise restrict its use as necessary due to weather or other factors.
8. Indemnity. SEA agrees to defend, indemnify and hold the City harmless from and against any and all liability, loss, costs (including reasonable attorneys' fees) or expense ("Liability") arising out of or in connection with the construction, maintenance or use of the building elements and/or appurtenant facilities located in the Easement Area, excepting, however, any Liability arising from the negligence and/or fault of the City.
9. Heirs, Successors and Assigns. The mention in this Easement Agreement of either of the parties hereto by name otherwise, shall be deemed to include its heirs, successors and assigns, unless otherwise inconsistent with the terms and provisions thereof.
10. Integration; No Oral Modification. This Easement Agreement contains the entire agreement of the parties respecting the matters set forth herein. This Agreement may not be modified, discharged or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties hereto.
11. Applicable Law. This Agreement and all of the terms and provisions hereof shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. If any provisions, or portions thereof, of this Easement Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Easement Agreement or the application of such provisions or portions thereof, to any other person or circumstance, shall not be affected thereby, and each provision of this Easement Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the City of Pittsburgh and the Sports & Exhibition Authority of Pittsburgh and Allegheny County have set their hands and seals this day and year first-above written.
ATTEST: City of Pittsburgh
______________________ By_______________________
Mayor
WITNESS:
______________________ By_____________________
Director, Department
of Public Works
EXAMINED:
By_____________________
Assistant City Solicitor
APPROVED AS TO FORM:
_______________________
City Solicitor
ATTEST: Sports & Exhibition Authority of Pittsburgh
and Allegheny County
_______________________ By_______________________________
STATE OF PENNSYLVANIA )
) ss:
COUNTY OF ALLEGHENY )
On this __ day of _______, 2001, before me, the undersigned officer, personally appeared _____________ the _________ of the CITY OF PITTSBURGH, and in such capacity being authorized to do so, executed the foregoing instrument for the purpose therein contained for and on behalf of CITY OF PITTSBURGH.
___________________________________
Notary Public
My commission expires:
STATE OF PENNSYLVANIA )
) ss:
COUNTY OF ALLEGHENY )
On this __ day of _______, 2001, before me, the undersigned officer, personally appeared _____________ the _________ of the SPORTS & EXHIBITION AUTHORITY OF PITTSBURGH AND ALLEGHENY COUNTY, and in such capacity being authorized to do so, executed the foregoing instrument for the purpose therein contained for and on behalf of SPORTS & EXHIBITION AUTHORITY OF PITTSBURGH AND ALLEGHENY COUNTY.
___________________________________
Notary Public
My commission expires: