Presenter
Presented by Mr. Peduto
AS AMENDED
Title
Resolution authorizing the Mayor and the Director of the Department of General Services to enter into a formal agreement with the Carnegie Library of Pittsburgh to set forth the responsibilities of the parties regarding the main branch of the Library and to enter into additional agreements for the lease of various city-owned facilities currently used as branch libraries. Also authorizing the sales of the city-owned facilities currently used as branch libraries in which the Carnegie Library of Pittsburgh is the sole occupant to the Carnegie Library of Pittsburgh during the term of such lease agreements. All proposals for the sale, sub-lease or transfer of land or buildings now utilized as Carnegie Library branch libraries, and owned by the City of Pittsburgh or its authorities, must be reviewed and approved by a formal Resolution of City Council and shall be expressly stated in the lease agreement pursuant to this Resolution.
Body
WHEREAS, the Carnegie Library of Pittsburgh ("CLP") is a charitable trust created on or about February 6, 1890 by Andrew Carnegie ("Mr. Carnegie") and by the acceptance of the written offer of Mr. Carnegie to the Mayor and the Common and Select Councils of the City to provide, subject to certain conditions, not less than $1,000,000 for the construction of a library building (the "Library"), which is known as the Main Library today. The conditions upon which Mr. Carnegie's offer was made included, (i) that the location, erection and management of the Library be entrusted to CLP, and (ii) that the City agree to place at the disposal of CLP $40,000 per annum for the support of the Library; and
WHEREAS, the City, after accepting Mr. Carnegie's offer as aforesaid, purchased and acquired fee simple title to all of the land described in the deed from Mary E. Schenley to the City dated June 14, 1891 and recorded in the Recorder of Deeds Office of Allegheny County in Deed Book Volume 750, page 96 (the "Land); and
WHEREAS, the City, after acquiring the Land, adopted and enacted Ordinance No. 244 dated April 3, 1891 and recorded in Ordinance Book Volume 8, page 6 (the "Ordinance"), which granted to CLP the right and power to enter on, occupy and hold so much of the Land as was necessary for the erection, construction and maintenance of the Library on the Land; and
WHEREAS, Mr. Carnegie endowed CLP with funds necessary to construct and erect the Library on the Land. In reliance on the Ordinance, CLP then entered upon the Land and thereafter made the expenditure of the funds provided by Mr. Carnegie to locate, construct, and erect the Library on the Land. CLP continues to occupy and use the Land for the Library; and
WHEREAS, CLP has determined that certain improvements must be made to the Library, and it has been determined by the parties that a formal agreement is necessary to confirm certain duties and responsibilities of the parties in respect of the Land and the Library; and
WHEREAS, in addition to the Land and Library discussed above, there are an additional seventeen City facilities currently housing local CLP branches; and
WHEREAS, the parties also desire to enter into formal Lease Agreements for each of these facilities to confirm certain duties and responsibilities of the parties.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Mayor and the Director of the Department of General Services are hereby authorized to enter into an Agreement with the CLP to set forth the duties and responsibilities of the parties with respect to the Land and the Library (Main Library) located at 4400 Forbes Avenue, Pittsburgh, PA 152213-4080. The Agreement shall be substantially in the form attached hereto as Exhibit A. The final Agreement shall be in a form approved by the City Solicitor.
Section 2. The Mayor and the Director of the Department of General Services are hereby also authorized to enter into seventeen (17) separate Lease Agreements with CLP for the following locations:
1. 5 Allegheny Square, Pittsburgh, PA 15212 (Allegheny Regional Branch)
2. 1910 Broadway Avenue, Pittsburgh, PA 15216 (Beechview Branch)
3. 708-710 Brookline Boulevard, Pittsburgh, PA 15226 (Brookline Branch)
4. 1811 Brownsville Road, Pittsburgh, PA 15210 (Carrick Branch)
5. 5920 Ralph Munn Mall, Pittsburgh, PA 15206 (East Liberty Branch)
6. 4748 Monongahela Street, Pittsburgh, PA 15207 (Hazelwood Branch)
7. 419 Dinwiddie Street, Pittsburgh, PA 15219 (Hill District Branch)
8. Hamilton & Land, Pittsburgh, PA 15208 (Homewood Branch)
9. 400 Brownsville Road, Pittsburgh, PA 15210 (Knoxville Branch)
10. 279 Fisk Street, Pittsburgh, PA 15201 (Lawrenceville Branch)
11. Herron at Milwaukee, Pittsburgh, PA 15219 (Martin Luther King, Jr. Reading Center)
12. 315 Grandview Avenue, Pittsburgh, PA 15211 (Mt. Washington Branch)
13. 720 Sherwood Avenue, Pittsburgh, PA 15204 (Sheraden Branch)
14. East Carson & 22nd Streets, Pittsburgh, PA 15203 (South Side Branch)
15. 5801 Forbes Avenue, Pittsburgh, PA 15217 (Squirrel Hill Branch)
16. Wabash & Neptune Streets, Pittsburgh, PA 15220 (West End Branch)
17. 1201 Woods Run Avenue, Pittsburgh, PA 15212 (Woods Run Branch)
The Lease Agreements shall be substantially in the forms attached hereto as Exhibit B (for the facilities where CLP is the sole occupant) and Exhibit C (for the multi-tenant facilities known as the Sheraden and Allegheny Regional Branches). The final Lease Agreements shall be in a form approved by the City Solicitor.
Each Lease Agreement for facilities listed in Section 2 above in which the CLP is the sole occupant (in the form attached as Exhibit B) shall include a provision permitting the CLP to exercise an option to purchase such facility from the City of Pittsburgh for $100 during the term of the lease. If the CLP seeks to exercise this option for any or all of the sole-occupant facilities listed in Section 2 above, the Mayor and the Director of the Department of General Services are further authorized hereunder to enter into a Sales Agreement with the Carnegie Library of Pittsburgh for the sale of each such sole-occupant facility as requested. All such sales shall be subject to any additional approvals required by the Orphan's Court of Allegheny County. All Sales Agreements shall be in a form approved by the City Solicitor.