Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 495 - LEASING OF REAL PROPERTY › Section 495.6 - Terms

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rental.
In determining the annual rental to be paid by the
					 lessee, the Department will take into account all relevant factors, including
					 the character and nature of the lessee and proposed sublessees, the rental
					 customarily charged for other rental properties in the vicinity used for
					 similar purposes, and any public purpose to be served or advanced by the
					 intended use of the real property.
(b)
Federal, State, and local
					 statutes and regulations.
Leases will be subject to applicable
					 Federal, State and local statutes, ordinances, regulations, comprehensive
					 planning, and zoning; and the lessee and sublessees shall be responsible for
					 compliance therewith and for payment of costs of compliance including but not
					 limited to, preparation of required environmental statements and providing
					 notice of opportunity for and holding of public hearings.
(c)
Exempt from claims.
The
					 lessee and a sublessee will be required to hold the Department and its employes
					 harmless from claims which may accrue on account of the use of the real
					 property by the lessee or sublessee and shall be required to purchase insurance
					 against injury to persons and damage to property in an amount as the Department
					 deems reasonably necessary.
(d)
Improvements to property.
Upon termination of the lease, the
					 lessee and sublessees shall, at the option of the Department, abandon
					 improvements they may have made to the real property or restore the premises to
					 their previous condition. The Department may require the posting of a bond, in
					 an amount as the Department deems necessary, to insure compliance with this and
					 other terms of the lease.
(e)
Termination.
Leases and subleases shall be subject to the
					 Secretary's right of termination upon prior written notice to the lessee and
					 sublessees when, in the opinion of the Secretary, the real property subject to
					 the lease is required to improve safety or flow of traffic.
(1) Upon such termination the Department will
					 pay damages to the lessee and sublessees as may be provided in the lease; or,
					 absent a damages provision in the lease, the Department will pay damages as the
					 Secretary determines to be reasonable under the circumstances, taking into
					 account relevant factors, including the initial cost of the improvements
					 located on the real property and repairs and replacements thereof, the age of
					 improvements, the replacement cost thereof, and the cost of removal of
					 improvements by the lessee or sublessees. Neither the lessee nor sublessees
					 shall be entitled to damages on account of termination other than those
					 provided in this paragraph.
(2)
					 Upon termination by the Secretary under this subsection, the Department will
					 use its best efforts to provide the lessee and sublessees with other leased
					 premises on real property held by the Department in which they may relocate
					 their improvements and upon which they may continue to conduct the activities
					 or businesses which were carried on at the former site prior to
					 termination.